2025 (7) TMI 1057

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....r Section 147 of the Income Tax Act, 1961 [the Act] read with Section 144C(13) of the Act in respect of Assessment Year [AY] 2018-19. The Petitioner also impugns the notice of demand dated 21.01.2025 issued under Section 156 of the Act. 2. The Petitioner had filed a return of income for AY 2018-19 on 30.11.2018. The Petitioner's return was selected for complete scrutiny on account of 'large value refund'. The notice under Section 143(2) of the Act was issued on 22.09.2019. Thereafter, on 15.11.2019, a notice under Section 139(9) of the Act was issued pursuant to which the Petitioner filed the rectified return on 22.11.2019, declaring the total income of Rs. 2,69,11,690/-. 3. While the proceedings for assessing Petitioner's income for AY 2....

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....ith the rectified return filed on 22.11.2019. 8. Thereafter, AO passed an assessment order dated 23.06.2022 under Section 143(3) of the Act read with Section 144C(13) of the Act determining the Petitioner's total taxable income as Rs. 2,99,76,05,864/-. The said amount was determined after adding a sum of Rs. 2,97,06,94,174/- on account of Customer Relationship Management [CRM] receipts. The AO construed the CRM receipts as Fees for Technical Services [FTS] under the Act as well as under the provision of India-Singapore Double Taxation Avoidance Agreement [India-Singapore DTAA]. 9. Clearly, with the passing of the assessment order, all other assessment proceedings in respect of AY 2018-19 ought to have been terminated that had commenced pr....

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....rallel proceedings that there commenced by the AO pursuant to the notice issued under Section 148 of the Act for the same assessment year - AY 2018-19). The DRP observed that the decision of the learned ITAT had attained finality and the additions made on account of the subscription of CRM were required to be deleted. 12. In the meanwhile, the Revenue filed an Appeal under Section 260A of the Act in this Court, being ITA No. 567/2024, impugning the common order dated 17.05.2024 in so far as it related to AY 2018-19. The said Appeal was dismissed by this Court by the order dated 11.12.2024. 13. It is material to note that in The Commissioner of Income Tax - International Taxation-3 v. Salesforce.com Singapore Pte Limited: ITA No. 144/2023,....