2015 (11) TMI 1138

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..... that what is sought to be done through reassessment was already available in the record of the assessment proceedings. The agreements which have been referred to in the reasons were available before the Assessing Officer and had been examined in detail by the Assessing Officer. Therefore, there is also substance in reopening of assessment - Decided in favour of assessee. - W.P.(C) 2062/2014 & CM No.4320/2014 (stay) - - - Dated:- 19-11-2015 - MR BADAR DURREZ AHMED AND MR SANJEEV SACHDEVA, JJ For the Petitioners : Mr M.S. Syali, Sr Advocate with Mr Mayank Nagi and Ms Husnal Syali, Advocates. For the Respondents : Mr Kamal Sawhney, Mr Raghvendra Singh and Mr Shikhar Garg, Advocates. JUDGMENT BADAR DURREZ AHMED, J .....

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..... (DCIN) was held to be the assessee's PE in India and profits were attributable to it. Further, the subscription revenues received by the assessee were taxed as royalty income. 2. Article 12(6) of the DTAA between India and US provides that the provisions of Article 12(1) and 12(2) shall not apply if the royalties or fees for technical services arise through a permanent establishment (PE) and are attributable to such PE and in such a case, the provisions of Article 7 shall apply. Further, as per the provisions of section 115A(b) of the Act, where the total income of a non-resident or a foreign company includes any income by way of royalty/fees for technical services received from government or an Indian concern in pursuance of an ag .....

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..... ,974 Add : Education Cess @ 2% 2,071,039 Total Tax 105,623,013 3. The petitioner preferred objections on 04.02.2014 which were rejected by the Assessing Officer by virtue of the impugned order dated 10.02.2014. One of the points urged by Mr Syali, appearing on behalf of the petitioner, was that the reasons do not mention anything about failure on the part of the assessee to fully and truly disclose all the material facts necessary for the assessment. He submitted that this is a pre-condition prescribed in the first proviso to Section 147 of the Act before the reassessment proceedings can be undertaken. It is submitted that there is not .....

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