2021 (3) TMI 204

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..... for the Respondent. ORDER We have heard both the parties. The applicant has filed the present application on 12th June 2020 wherein the following questions have been raised : - Q1. On the facts and circumstances of the case and in law, whether the Dividend distribution tax ('DDT') paid/payable by Comstar Automotive Technologies Private Limited (Comstar or the Applicant or the Company) und .....

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..... ore Topco and Comstar Mauritius are beneficial owners of the dividend income received from the Applicant as provided under Article 10 ('Dividends') of the Double Taxation Avoidance Agreement ('DTAA') entered into between India and Singapore ('India-Singapore DTAA') and under Article 10 of the DTAA entered into between India and Mauritius ('India-Mauritius DTAA'). Q4 & .....

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..... the Revenue is that the transaction was designed prima-facie for avoidance of tax. It has been submitted that as per provision of Section 115-O of the Act, DDT is an incidence of tax on the company and not on the shareholder. Therefore, the applicant is not entitled to take benefit of the provisons of DTAA. The Ld. AR submitted that the objection of the Department is on the merits of the case and .....

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