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The HC quashed the reassessment proceedings for AYs 2013-14 to 2017-18, holding that the findings from surveys conducted in 2007 and 2019 could not be blindly adopted to determine existence of a PE for those years. The HC reiterated that the position of a PE is fact-specific and requires examination of the prevailing facts for each tax period. The AO failed to demonstrate application of mind to the relevant facts and merely relied on earlier survey findings and court judgments. The HC emphasized that no principle akin to res judicata applies in tax matters and that consistency must be balanced against the facts of each assessment year.
The HC quashed the reassessment proceedings for AYs 2013-14 to 2017-18, holding that the findings from surveys conducted in 2007 and 2019 could not be blindly adopted to determine existence of a PE for those years. The HC reiterated that the position of a PE is fact-specific and requires examination of the prevailing facts for each tax period. The AO failed to demonstrate application of mind to the relevant facts and merely relied on earlier survey findings and court judgments. The HC emphasized that no principle akin to res judicata applies in tax matters and that consistency must be balanced against the facts of each assessment year.
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