Case Law Details
ACIT & Ors Vs General Electrict (Switzerland) Gmbh (Supreme Court of India)
The Supreme Court condoned the delay and, after hearing the petitioner’s counsel and examining the material on record, found no sufficient ground to interfere with the order passed by the High Court. Accordingly, the Court declined to disturb the impugned decision.
Read HC Judgment in this case: Reassessment Notices Quashed Due to Lack of Tangible Material for PE Allegation
The matter relates to reassessment notices issued under Section 148 of the Income Tax Act, 1961 for Assessment Years 2013–14 to 2017–18 to multiple non-resident entities forming part of a global power business group. These entities, incorporated in various jurisdictions, were engaged in activities such as manufacturing, supply of power equipment, and related services. Some had declared income in the nature of Fees for Technical Services (FTS) and filed returns, while others claimed no taxable income in India for certain years and did not file returns.
The Assessing Officer initiated reassessment proceedings based on reasons recorded, primarily relying on a survey conducted in June 2019 at the premises of Indian group entities. The AO formed a belief that the petitioners had a Permanent Establishment (PE) in India, including Dependent Agent PE and Fixed Place PE, and that income attributable to such PE had escaped assessment. It was also noted that certain supplies were made to Indian entities without tax deduction at source and were allegedly not declared in India.
The petitioners challenged the reassessment proceedings, contending that there was no tangible material to support the conclusion that they had a PE in India during the relevant years. Their objections were rejected by the AO.
Upon examination, it was found that there was no tangible material to justify the belief that the petitioners had a Dependent Agent PE or Fixed Place PE in India for the relevant assessment years. The issue was also noted to be covered in favour of the petitioners by earlier decisions of the Court in similar matters. Consequently, the petitions were allowed and the reassessment notices were set aside.
Despite these findings at the High Court level, the Supreme Court, upon review, found no good ground to interfere with the High Court’s order and upheld the decision by declining intervention.
FULL TEXT OF THE SUPREME COURT JUDGMENT/ORDER
1. Delay condoned.
2. Having heard the learned counsel appearing for the petitioner and having gone through the materials available on record, we do not find any good ground to interfere with the impugned order passed by the High Court.
3. The Special Leave Petition is, accordingly, dismissed.
4. Pending application(s), if any, shall stand disposed of.
