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TPO Cannot Determine ALP of Royalty at NIL by Questioning Commercial Expediency – Delhi High Court in PCIT-7, Delhi v. Sony India Pvt. Ltd.
Facts of the
CaseThe Revenue filed an appeal under Section 260A of
the Income-tax Act, 1961 challenging the order dated 17 October 2022 passed by
the Income Tax Appellate Tribunal (ITAT) in the case of Sony India Pvt....
Mandatory Issuance of Draft Assessment Order under Section 144C Even in Section 153C Proceedings – Delhi High Court in PCIT-7 v. Wickwood Development Ltd.
Facts of the
CaseThe assessee, Wickwood Development Ltd., is a
company incorporated in the British Virgin Islands. A search and seizure
operation under Section 132 of the Income-tax Act, 1961 was conducted on 22
Marc...
Failure to Issue Draft Assessment Order under Section 144C in Remand Proceedings Renders Final Assessment Void – Delhi High Court in PCIT-7 v. Sumitomo Corporation India (P) Ltd.
Facts of the
CasThe Revenue filed an appeal challenging the order
of the Income Tax Appellate Tribunal (ITAT) dated 28 September 2021, whereby
the ITAT upheld the order of the Commissioner of Income Tax (Appeals) sett...
Assessment and Reassessment Proceedings Against an Amalgamating (Non-Existent) Company Are Void Ab Initio: Delhi High Court Applies Maruti Suzuki Doctrine in Paytm Mobile Solutions Case
Facts
of the CasePaytm
Mobile Solutions Private Limited, which had merged into One 97 Communications
Limited pursuant to a sanctioned scheme of amalgamation, was one of the
petitioners in a large batch of writ petiti...
Reassessment Notices Issued After Limitation by Relying on Abhisar Buildwell Are Invalid: Delhi High Court Quashes Time-Barred Section 148 Proceedings in Param Dairy Ltd Case
Facts
of the CaseParam
Dairy Ltd. was one of the petitioners in a batch of writ petitions challenging
reassessment proceedings initiated under Section 148 of the Income Tax Act,
1961, for Assessment Year 2012–13.Th...
Reassessment Notices Issued Without Approval of the Proper Specified Authority Are Void Ab Initio: Delhi High Court Quashes Section 148 Notices Sanctioned by Joint Commissioner in Omnipresent Credits Case
Facts
of the CaseOmnipresent
Credits Private Limited was one of the petitioners in a batch of writ petitions
challenging reassessment proceedings initiated under Section 148 of the Income
Tax Act, 1961, for Assessmen...
Assessment and Reassessment in the Name of an Amalgamating (Non-Existent) Company Are Void Ab Initio: Delhi High Court Reaffirms Maruti Suzuki Principle in NCubate India Services Case
Facts
of the CaseNCubate
India Services Private Limited was one of the petitioners in a batch of writ
petitions challenging assessment and reassessment proceedings initiated by the
Income Tax Department. In each case...
Reassessment Notices Issued Without Sanction of the Proper Specified Authority Are Invalid: Delhi High Court Quashes Section 148 Notices Approved by Joint Commissioner in Nandita Sikka Case
Facts
of the CaseThe
petitioner, Ms. Nandita Sikka, was one of the assessees forming part of a batch
of writ petitions challenging reassessment proceedings initiated for Assessment
Year 2015–16 under Section 148 of...
TDS Credit Cannot Be Denied Merely Because Income Is Claimed as Non-Taxable Under DTAA: Delhi High Court Allows Refund Under Section 155(14) in Munchener Rück Case
Facts
of the CaseThe
petitioner, a non-resident company incorporated in Germany, filed its return of
income for Assessment Year 2015-16 declaring nil taxable income. It asserted
that the income received from Bajaj Al...
Reassessment Notices Issued Beyond Limitation Post-Abhisar Buildwell Are Invalid: Delhi High Court Quashes Section 148 Proceedings in Tirupati Buildings Case
Facts
of the CaseM/s
Tirupati Buildings and Offices Pvt. Ltd. was one of the petitioners forming
part of a large batch of writ petitions challenging reassessment proceedings
initiated by the Income Tax Department pur...