GE Capital Us Holdings Inc Vs DCIT
Case Number: W.P.(C) 1646/2022 Facts: 1. The assessee, a non-resident entity involved in the business of providing IT and IT support services including software licenses to Indian entities, was classified as transfer of intellectual property, and assessed to tax on the payments received from these entities as royalty in terms of Section 9(1)(vi) of the Income tax Act read with Article 12 of the India-USA DTAA. 2. Consequently, penalty proceedings were also initiated u/s 270A. Even though the assessee had availed MAP for AY 2017-2018, paid the demands for AY 2018-2019 and 2019-2020, and filed application for immunity u/s 270AA, the AO rejected the application stating mere payment of demand does not, ipso facto, amount to protection against misreporting as envisaged by section 270A(9). 3. The assessee maintained that non-payment of tax was due to uncertainty in legal position existing at the time of filing the return of income and so penalty proceedings be dropped. Hon Delhi HC held as below: 1. The non-payment of tax by assessee due to uncertainty in legal position existing at the time of filing the return of income, would be outside the scope of 'mis-reporting'. 2. Show Cause Notice which came to be issued for commencement of action u/s 270A were themselves vague and unclear, as it failed to specify whether the assessee was being charged with under-reporting or misreporting of income. 3. While examining an application for immunity, it was incumbent upon the AO to ascertain whether the provisions of Section 270A stood attracted either on the anvil of under-reporting or misreporting. 4. A finding of misrepresentation, failure to record investments, expenditure not substantiated by evidence, recording of false entry in the books of account alluded to u/s 270A(9) has neither been returned nor recorded in the assessment order. 5. The penalty proceedings u/s 270A be dropped, due to AO's failure to allude to specific charge of misreporting or under-reporting in show cause notice.
Subscribe to:
Post Comments (Atom)
New Customs Scheme for Manufacturing Sector
The Regulations enable an Authorized Importer to clear the imported goods directly from port to its manufacturing unit (‘ Authorised Premi...
-
Direct Tax · No change in the rate of corporate tax including surcharge & cess.
-
Buyback is an important provision related to Share Capital of a company. Rule 17 of the Companies Act set out norms for buyback...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
The Input Service Distributor (ISD) mandate, introduced in the Union Budget 2024, will take effect from April 1, 2025, as per amendments to ...
-
In this post, I will discuss Secretarial Standards related to Proxies under SS – 2. Right to Appoint: A Member entitled to attend and ...
-
The Union Budget 2025 introduces significant amendments to transfer pricing (TP) regulations under the Income Tax Act. These changes focu...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
The Income Tax Department has developed the latest JAVA base ITR Forms utility. ITR-1 (Sahaj) and ITR-4S (Subam) JAVA base utility has ...
-
Sr No Due Date Related to Compliance to be made 1 11.02.2025 GST ...
No comments:
Post a Comment