2025 (8) TMI 768

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....025, the same is allowed. The delay in filing the appeal is condoned. 2. The Revenue has filed the present appeal under Section 260-A of the Income Tax Act, 1961 [the Act] impugning an order dated 20.05.2024 [impugned order] passed by the learned Income Tax Appellate Tribunal [ITAT], in a batch of appeals. 3. The present appeal is confined to the impugned order in so far as it relates to IT(IT)A.No.488/Bang/2024 in respect of the Assessment Year [AY] 2018-19. The Assessee - a company which is a tax resident in Australia - had filed its return of income tax on 29.11.2018 for AY 2018-19, declaring NIL taxable income and claiming the refund of Rs. 7,07,35,596/-. 4. The Assessee's case was selected for scrutiny and during the cours....

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....eeds would not fall within the scope of FTS. The learned Tribunal has set out a tabular statement as referred to by the Assessee, which indicates the various decisions where such issues have been considered and the outcome of the said decisions. The said tabular statement is reproduced below. "3.12 They drew our attention to the table capturing various Courts/ Tribunal decisions on said issue in a chronological order, which is as follows: Sl.No. Case law with Citation Favourable/unfavourable Forum Date of pronouncement 1. DET vs HCL Infosystems Limited [2005] 144 Taxman 492-followed by Karnataka HC in Abbey case Favourable Delhi HC 6 January 2004 2. Karl Storz Endoscopy India (P) Limited (ITA No ....

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....eme Court 19 May 2022 13. Flipkart Internet (P.) Ltd (2022) 139 taxmann.com 595 Favourable Karnataka HC 24 June 2022 14. Delhi HC in Boeing India Pvt Ltd [2023] 146 taxmann.com 131(Delhi) (refer page 193- 198 of PB) Favourable Delhi HC 11 October 2022 15. Google LLC vs JCIT (OS DY DCIT (I) [(IT)Appeal Nos 167/Bang/2021 & 688/Bang/2022] Favourable Bangalore ITAT 20 February 2023 16 Ernst & Young US LLP [2023] 153 laxmann.com 95 (Delhi-Trib) (refer page 183-192 of PB Favourable Delhi ITAT 20 June 2023 17. Central Circle vs M/s Caterpillar India Pvt. Ltd [ITA No. 1031/Chny/2022] (refer page 217-222 of PB) Favourable Distinguishing Northern Operating System (Supra) Chenn....