TaxTMI 
TaxTMI 
2025 (8) TMI 452
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....assed u/s. 143(3) r.w.s.144C(13) of the Act, dated 22.01.2025 for the assessment year 2022-2023. 2. When the matter was called call upon for hearing, an adjournment application has been filed by Ms. Riya Shah, CA and appeared on the online mode was not in uniform. Consequently, as it is noticed that the adjournment application does not give valid reasons for the adjournment and as the counsel was not in uniform, the appeal is being heard ex-parte. 3. Ld.CIT-DR was requested to make his submissions and he vehemently supported the order of the ld.DRP. 4. We have considered the submissions of the ld.CIT-DR and perused the orders of the authorities below. The grounds of appeal raised in ITA No.543/Kol/2025 in the case of M/s Philips el....
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....nces of the case, the Ld. AO has erred in taxing. and the Hon'ble DRP has further erred in confirming such taxation of, the receipt of Rs. 90,98,85,471 towards rendition of Information Technology Services as income of the appellant without appreciating the favorable order of Hon'ble Kolkata Tribunal in the appellant's own case (ITA No. 2241 of 2019 dated 15 September 2022 for AY 2015-16 and ITA No. 74 of 2021 dated 15 March 2023 for AY 2016-17) wherein services rendered under GSU agreement including information technology services was held as non-taxable in India. 1.3 That on the facts and in the circumstances of the case, the Ld. AO has erred in taxing. and the Hon'ble DRP has further erred in confirming such taxat....
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....roneous levy of Interest under section 234B 4.1 That on the facts and in the circumstances of the case and in law, the Ld. AO erred in levying interest under section 234B of the Act amounting to Rs. 22,58,178. 5. Erroneous levy of Additional Interest without assigning any provisions of the Act 5.1 That on the facts and in the circumstances of the case and in law, the Ld. AO erred in levying additional interest amounting to Rs. 58,07,976 without assigning any provisions of the Act. 6. Erroneous adjustment of refund already issued 6.1 That on the facts and in the circumstances of the case and in law, the Ld. AO erred in adding refund already issued amounting to Rs. 20,13,432 to the demand arising t....
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.... appeal against the order dated 22 January 2025 passed by the Assistant Commissioner of Income-tax (International Taxation)-2(1), Kolkata ('Ld. AO') on the following grounds: 1. Taxability of Fees for Support Services received from group entities in India viz. Philips India Limited and Preethi Kitchen is bad in law and on facts 1.1 That on the facts and in the circumstances of the case, the Ld. AO and the Hon'ble Dispute Resolution Panel ['Hon'ble DRP'] have erred in treating the sum of Rs. 47,30,13,395 received by the appellant from its group entities in India towards rendition of Support Services as taxable without appreciating the fact that the same ought not to be taxable under Article 12(5) of ....