Rejection of excess DDT Refund Under India-Mauritius Treaty quashed & matter remanded back

Fcbulka Advertising Pvt Ltd. Vs ACIT (Bombay High Court) Conclusion: High Court highlighted that a final order must follow proper adjudication and AO’s satisfaction under Section 237. Since the communication lacked clarity and was not a final determination of entitlement, the Court quashed the rejection of an excess Dividend Distribution Tax (DDT) refund claimed under the India-Mauritius Tax Treaty and directed the tax authorities to take a final decision within eight weeks. Held: Assessee was engaged in advertising and marketing in India and was a subsidiary of ACSL Mauritius. It also held ...