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Final Assessment Orders Passed Without Draft Assessment Order Are Void: Delhi High Court Reaffirms Mandatory Compliance with Section 144C – Microsoft India (R&D) Pvt. Ltd. v. DCIT and Connected Cases
Facts of the
CaseThe writ petitions were filed by Microsoft India
(R&D) Pvt. Ltd., challenging multiple final assessment orders passed by
the Jurisdictional Assessing Officer pursuant to remand directions issued b...
Reassessment Proceedings Against a Non-Existent Entity Are Void: Delhi High Court Applies Maruti Suzuki Principle in Madhu Viniyog Pvt. Ltd. v. DCIT (2024)
Facts
of the CaseMadhu
Viniyog Private Limited, the petitioner, was the resultant entity pursuant
to a scheme of amalgamation, under which Marigold Nirman Private Limited
merged into the petitioner company. The schem...
Failure to Verify Sale Consideration Renders Assessment Erroneous: Delhi High Court Upholds Section 263 Revision in M.R. Apparels Pvt. Ltd. v. PCIT-6 (2024)
Facts
of the CaseM.R.
Apparels Private Limited, the appellant-assessee, sold an immovable property
during the Financial Year 2014-15 for a total consideration of ₹6.50
crore. A sale deed was executed on 17.03.2015,...
Assessment Proceedings Against a Non-Existent Entity Are Void Ab Initio: Acropolis Realty Pvt. Ltd. vs Income Tax Officer (Delhi High Court)
Facts
of the CaseThe
petitioner, Acropolis Realty Pvt. Ltd., had undergone a corporate
restructuring pursuant to a duly sanctioned scheme of amalgamation. As a
consequence of the approved scheme, the amalgamating ent...
Assessment and Reassessment in the Name of a Non-Existent Amalgamating Company Held Void: Delhi High Court Reaffirms Maruti Suzuki Principle in Lecoanet Hemant India Pvt. Ltd. v. PCIT-4 (2024)
Facts
of the CaseLecoanet
Hemant India Pvt. Ltd. is the successor/transferee company pursuant to a duly
sanctioned Scheme of Amalgamation, under which IP Support Services
(India) Pvt. Ltd. stood amalgamated and disso...
Completed Reassessment Cannot Be Reopened Using Ashish Agarwal: Delhi High Court Quashes Second Reassessment in Jaswant Singh Juneja v. ITO (2024)
Facts
of the CaseThe
petitioner, Jaswant Singh Juneja, is the proprietor of M/s JMK
Enterprises, engaged in the business of electronic goods and components.
For Assessment Year (AY) 2014-15, the petitioner filed his ...
Profit Attribution to Indian Permanent Establishment Independent of Global Losses: Delhi High Court Full Bench Overrules Nokia Solutions in Hyatt International Southwest Asia Ltd. v. DCIT (2024)
Facts
of the CaseHyatt
International Southwest Asia Ltd., a tax resident of the United Arab Emirates,
carried on business in India through arrangements including Strategic Oversight
Services Agreements (SOSA) with In...
Reassessment Notices Issued Post-Abhisar Buildwell Barred by Limitation: Delhi High Court Quashes Section 148 Proceedings in Good Earth Plotted Development Pvt. Ltd. v. ACIT (2024)
Facts
of the CaseGood
Earth Plotted Development Private Limited was one of the petitioners in a batch
of writ petitions challenging reassessment proceedings initiated by the Income
Tax Department after the decision o...
Reassessment Barred by Limitation Despite Ashish Agarwal: Delhi High Court Quashes Section 148 Proceedings in Genpact India Pvt. Ltd. v. ACIT (2024)
Facts
of the CaseGenpact
India Private Limited, formerly known as Empower Research Knowledge Services
Private Limited, is engaged in providing business process outsourcing,
analytics, IT services, software solutions ...
Reassessment Valid Where Facts Remain Unchanged Across Years: Delhi High Court Upholds PE, DAPE and Profit Attribution in GE Nuovo Pignone S.p.A. v. CIT (International Taxation) (2024)
Facts
of the CaseGE
Nuovo Pignone S.p.A., an Italian company (now known as Nuovo Pignone
International SRL), is part of the GE Group and engaged in the manufacture and
supply of highly specialised and customised equi...