TaxTMI 
TaxTMI 
2025 (5) TMI 2058
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....ioner Through: Mr. Deepak Chopra, Mr. Ankul Goyal, Mr. Priyam Bhatnagar, Advocates. For the Respondents Through: Mr. Ruchir Bhatia, SSC with Mr. Anant Mann, JSC and Mr. Pratyaksh Gupta, JSC. Mr. Sunil Agarwal, SSC with Mr. Shivansh B. Pandya, JSC; Mr. Viplav Acharya, JSC; Ms. Priya Sarkar, JSC and Mr. Utkarsh Tiwari, Advocate. Mr Puneet Rai, SSC, Mr Ashvini Kumar and Mr Rishabh Nangia, JSCs and Mr Nikhil Jain, Advocate. VIBHU BAKHRU, J. (ORAL) 1. The petitioners have filed the present petitions impugning notices issued by the Assessing Officer [AO] under Section 148 of the Income Tax Act, 1961 [Act] seeking to assess / reassess the income of the Petitioner/s for Assessment Years [AY] ranging from 2013-14 to 2017-18. The tabular statement....
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....wn as Alstom Power Inc. and was a part of the Alstom Group till 02.11.2015. However, the Alstom Power business was acquired by GE in 2015 and since then, the Petitioner is a part of the GE Group. ii. The Petitioners are not tax residents of India. Each of the petitioners had received certain incomes in the nature of Fee for Technical Services [FTS] for previous years relevant to AY 2013-14 to 2017-18, which were taxable in India and accordingly, they had filed their respective returns of income for the relevant assessment years. iii. GE Steam Power Systems [GSPS] is a company incorporated under the laws of France and is engaged in the business of supplying power plant equipment and its components and systems used to control and recover ....
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....s a part of the Alstom Group till 02.11.2015. However, the Alstom Power business was acquired by GE in 2015 and since then, GPG is a part of the GE Group. GPG is not a tax resident of India. According to the GPG, it has received certain income in the nature of FTS for previous years relevant to AY 2016-17 and 2017-18, which were taxable in India. Accordingly, it had filed its returns of income for the said relevant assessment years. vi. GE Power Solutions (Malaysia) SDN. BHD [GPSSB] is a company incorporated under the laws of Malaysia and is engaged in the business of construction and project management of power plants and supplying of power generation engineering spares and related services and is part of GE's 'Power' business vertical. ....
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..... However, the Alstom Power business was acquired by GE in 2015 and since then, GPS is a part of the GE Group. GPS is not a tax resident of India. According to the Petitioner, it has not received any income, which was chargeable to tax in India in the previous year relevant to AY 2017-18 and therefore did not file its return of income for the said assessment year. 4. It is stated that in compliance of the notices issued under Section 148 of the Act, the Petitioners furnished their return of income for the relevant assessment years. The Petitioners also sought the reasons recorded for reopening of the assessments, which were provided to them. The reasons to believe that the income of the respective petitioner had escaped assessment for the ....
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....s business income attributable to its PE was chargeable to tax under the Act. 7. The Petitioner objected to the initiation of the assessment proceedings under Section 147 of the Act primarily on the ground that there was no tangible material for the AO to conclude that the Petitioner had a PE in India during the previous year relevant to the assessment years in respect of which the impugned notices have been issued. However, the objections raised by the Petitioner were rejected. 8. A plain reading of the reasons as recorded clearly indicates that there was no tangible material for forming a belief that the Petitioners had a dependent PE or a Fixed Place PE in India during the previous years relevant to the said assessment years in respect....