https://www.taxtmi.com/caselaws?id=753670 Delhi HC quashed reassessment proceedings under Section 148A(d) and Section 148 notice against a taxpayer. The court held that tax authorities failed to properly address fundamental jurisdictions challenges regarding permanent establishment in India and taxability of income from canned software sales under India-Japan DTAA. The respondent's perfunctory disposal of objections without adequate consideration of whether software sales constituted royalty or whether PE existed in India was deemed insufficient. The court emphasized that before initiating reassessment, authorities must be subjectively satisfied that taxable income escaped assessment, which was not demonstrated here. en-us Mon, 27 May 2024 00:00:00 +0530 Thu, 06 Jun 2024 18:02:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=753670 Delhi HC quashed reassessment proceedings under Section 148A(d) and Section 148 notice against a taxpayer. The court held that tax authorities failed to properly address fundamental jurisdictions challenges regarding permanent establishment in India and taxability of income from canned software sales under India-Japan DTAA. The respondent's perfunctory disposal of objections without adequate consideration of whether software sales constituted royalty or whether PE existed in India was deemed insufficient. The court emphasized that before initiating reassessment, authorities must be subjectively satisfied that taxable income escaped assessment, which was not demonstrated here. Case-Laws Income Tax Mon, 27 May 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=753670