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of <h1>Tax reassessment notices quashed; no Fixed Place PE under Article 5 or sections 147/148 in collaboration case</h1> <h3>The Deputy Commissioner of Income Tax (International Taxation) Circle Noida & Ors. Versus Progress Rail Locomotive Inc. (Formerly Electro Motive Diesel Inc.)</h3> SC dismissed the revenue's SLP challenging the HC's ruling on existence of a Fixed Place PE in India under Article 5 and the validity of reassessment ... Accrual of income in India - Indian establishment constituted a Fixed Place PE - Collaborative Exercise and Fixed Place PE - Article 5 (4) and DAPE - as decided by HC [2024 (5) TMI 1417 - DELHI HIGH COURT] PE must qualify and meet the tests of stability, productivity and dependence. Of equal significance were the observations which explained the phrases “at the disposal of” and “through”. Tested on the aforesaid precepts also, the impugned notices and the reasons set out for initiating action u/s 147/148 woefully fail to rest on any evidence which could have possibly compelled us in acknowledging that a Fixed Place PE had come into being. HELD THAT:- Having heard learned Counsel appearing for the petitioner on the facts and circumstances of the instant case, we are not inclined to entertain this petition. Accordingly, Special Leave Petition stands dismissed. Pending application(s), if any, shall stand disposed of. The Supreme Court, exercising its jurisdiction under Article 136, dealt with a Special Leave Petition (SLP) in which there was a delay of 303 days in filing. The Court first addressed the issue of limitation and expressly held that the 'Delay [is] condoned (303 days),' thereby permitting the petition to be considered on merits despite the substantial delay. However, after hearing learned counsel for the petitioner and considering 'the facts and circumstances of the instant case,' the Court stated that it was 'not inclined to entertain this petition.' On that basis, the SLP was dismissed without a detailed discussion of facts or substantive legal issues. The Court further ordered that all pending applications, if any, 'shall stand disposed of,' bringing the proceedings to a close.
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