2012 (9) TMI 1211 - HC - Income Tax

Summary

Issues involved:
The Revenue and the assessee are aggrieved against the orders of the ITAT for assessment years 1999-2000 and 2000-01, 2001-02, and 2002-03. The Revenue questions the determination of income attributed to India for the assessee, while the assessee challenges its tax liability based on its business activities in India.

Revenue's Issue:
The Revenue challenges the determination of the quantum of income attributed to India for the assessee. The Tribunal's decision in this matter was based on a previous order for the years 1995-96 to 1998-99. Appeals against this order were disposed of by a common judgment dated 25.02.2009. It is noted that appeals are pending before the Supreme Court against the said judgment. Given the similarity in factual matrix and legal questions, the High Court disposes of the current appeals in line with the judgment dated 25.02.2009.

Assessee's Issue:
The assessee contests its chargeability to tax in India, arguing that it conducts business activities in the country. The Tribunal's decision was influenced by a previous order for the years 1995-96 to 1998-99, which was addressed in a common judgment dated 25.02.2009. It is acknowledged that appeals related to this judgment are pending before the Supreme Court. Due to the consistency in facts and legal issues, the High Court resolves the present appeals in accordance with the 25.02.2009 judgment.