Foseco India Ltd Company vs ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1(1) PUNE

31-ITXA-1029-2025.DOC 1. These are a batch of seven appeals filed under Section 260A of the Income Tax Act, 1961 (for short “IT Act”), challenging a common order dated 11 November 2024 passed by the Income Tax Appellate Tribunal, Bench at Pune, 2026 31-ITXA-1029-2025.DOC whereby, the appeals filed by the appellant/assessee challenging the orders passed by the Commissioner of Income Tax (Appeal), Pune (CIT)(A) are dismissed. The assessment years in question are assessment year 2014-15 to 2020-21. 2. The assessee has raised the following questions of law: I. Whether Dividend Distribution Tax (‘DDT’) prescribed under section 115-O of the Income-tax Act, 1961 (‘Act’) is in substance and effect a tax on dividend income of non-resident shareholders and where recipient shareholders are residents of United Kingdom the more beneficial rate of tax of 15% under Article 11 of DTAA between India – UK is applicable? II. Whether decision of the Special bench of Tribunal in the case of Deputy Commissioner of Income Tax Vs. Total Oil India Pvt. Ltd., ITA 6997/Mum/2019 lays down the correct law? III. Without prejudice, whether the Tribunal erred in not appreciating that since in view of Article 24(1