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No Further Profit Attribution to Indian PE Once ALP Accepted; Issues Squarely Covered by Morgan Stanley – CIT (International Taxation)-1 vs. Adobe Systems Software Ireland Ltd. (Delhi HC)
Facts of the
CaseThe Revenue filed an appeal under Section 260A of
the Income-tax Act, 1961 challenging the order dated 09.02.2024 passed by the
Income Tax Appellate Tribunal in the case of Adobe Systems Software Irel...
Nil Withholding Certificate Cannot Be Denied on Mere Suspicion of PE; Section 197 Requires Prima Facie Taxability Analysis Following Rule 28AA – SFDC Ireland Ltd. vs. CIT (Delhi HC)
Facts of the
CaseThe petitioner, SFDC Ireland Limited, is a tax
resident of the Republic of Ireland and is engaged in the business of providing
standardized customer relationship management software products. It enter...
Bad Debt Write-off on One-Time Group Guarantee Not Allowable Where Guarantee Not Given in Ordinary Course of Business; ITAT Order Set Aside – PCIT-7 vs. WGF Financial Services Pvt. Ltd. (Delhi HC)
Facts of the
CaseThe assessee, WGF Financial Services Pvt. Ltd.,
filed its return for Assessment Year 2015-16 declaring a loss, which was later
revised. The assessment under Section 143(3) resulted in additions includ...
Section 153C Proceedings Invalid in Absence of Incriminating Material Pertaining to Relevant AYs; Provisional Balance Sheet of Later Period Insufficient – PCIT (Central)-3 vs. Ridgeview Construction Pvt. Ltd. (Delhi HC)
Facts of the
CaseThe Revenue filed appeals under Section 260A of the
Income-tax Act, 1961 challenging the common order dated 31.10.2018 passed by
the Income Tax Appellate Tribunal, whereby proceedings initiated under ...
Fifth Proviso to Section 32 Applies Only to Year of Demerger; Depreciation on Goodwill in Subsequent Years Cannot Be Restricted – PMV Maltings Pvt. Ltd. vs. DCIT (Delhi HC)
Facts of the
CaseThe appellant, PMV Maltings Pvt. Ltd., filed
appeals under Section 260A of the Income-tax Act, 1961 challenging the order
dated 03.02.2023 passed by the Income Tax Appellate Tribunal for Assessment
Y...
Reassessment Based on Section 135A Information Valid, but Order Rejecting Objections Set Aside for Non-Application of Mind; Wrong Annexure Curable Under Section 292B – Monish Gajapati Raju Pusapati vs. Assessment Unit (Delhi HC)
Facts of the
CaseThe petitioner, Monish Gajapati Raju Pusapati,
filed a writ petition challenging the notice dated 23.03.2024 issued under
Section 148 of the Income-tax Act, 1961 for Assessment Year 2020–21 and the
...
Reassessment Notice Issued After Limitation and Based on Change of Opinion Quashed; Mere Generation of Notice Not “Issuance” Under Section 149 – Maruti Suzuki India Ltd. vs. DCIT (Delhi HC)
Facts of the
CaseThe petitioner, Maruti Suzuki India Ltd., filed its
return of income for Assessment Year 2009-10, which was scrutinised and
assessed under Section 143(3) read with Section 144C of the Income-tax Act,
...
Deduction under Section 80-IC Cannot Be Denied for Absence of Government Approval Not Mandated by Statute; ITAT Erred in Importing Section 80-IA Conditions – Legacy Foods Pvt. Ltd. vs. DCIT (Delhi HC)
Facts of the
CaseThe appellant, Legacy Foods Pvt. Ltd., filed
appeals under Section 260A of the Income-tax Act, 1961 challenging the order
dated 28.02.2020 passed by the Income Tax Appellate Tribunal for Assessment
Y...
Reassessment Based Solely on Subsequent Survey Unsustainable; PE Existence Must Be Examined Year-wise – GE Grid (Switzerland) GmbH vs. ACIT (Delhi HC)
Facts of the
CaseThe petitioner, GE Grid (Switzerland) GmbH, a
company incorporated in Switzerland, filed a batch of writ petitions
challenging reassessment proceedings initiated under Section 148 of the
Income-tax A...
Freight Logistic Support Services Do Not Constitute FTS/FIS Absent “Make Available”; DTAA Protection Affirmed – CIT (International Tax-1) vs. Expeditors International of Washington Inc. (Delhi HC)
Facts of the
CaseThe Revenue filed a batch of appeals under Section
260A of the Income-tax Act, 1961 for multiple assessment years against common
orders of the Income Tax Appellate Tribunal in favour of Expeditors
In...