2025 (12) TMI 1099

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....e Income Tax Act, 1961 (hereinafter referred as "the Act") for assessment year 2022-23. 2. Brief facts of the case are that the appellant/assessee filed its return of income on 23-12-2022 declaring total income at Rs. 1,95,520/-. The case was taken under complete scrutiny under CASS. Notices under Section 143(3) was served on 30.06.2023. Thereafter various notices were issued to the assessed. The appellant/assessee furnished responses. On completion of proceedings, Ld. AO passed order dated 18.12.2024 3. Being aggrieved, appellant/assessee preferred present appeal with following grounds: "1. That the assessment order passed under section 143(3) read with section 144C of the Income Tax Act, 1961 ('the Act') by the lear....

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.... 2 Delhi ITAT 2011-12, 2012- 13 and 2014-15 [2021] 186 ITD 440 (Delhi -Trib.) [30.09.2020] Order dated 30 September 2020 3 Delhi ITAT 2015-16 and 2016-17 ITA No. 5880/Del/2018 and ITA No.5479/Del/2019 Order dated 13 July 2022 4 Delhi ITAT 2017-18 ITA No. 599/Del/2021 Order dated 27 September 2022 5 Delhi ITAT 2018-19 and 2019-20 ITA No. 1654/Del/2022 and ITA No.1655/Del/2022 Order dated 17 July 2023 6 Delhi ITAT 2021-22 [2024] 207 ITD 73 (Delhi - Trib) [17.05.2024 Order dated 17May 2024 3. On the facts and in the circumstances of the case and in law the Id. AO has erred in initiating penalty proceedings under section 270A of the Act against the Appellant for....

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....nment provides the foundation to characterize transponder services as royalty, since the payer is accessing satellite equipment and processes to commercially deliver entertainment content. 6. From examination of record in light of aforesaid rival contentions, it is crystal clear that assessee company is incorporated in Singapore. The appellant as a tax resident of Singapore. It is engaged in the business of providing digital transmission of data through international private line (IPL) or multi-protocol label switching ('MPLS'), etc. to facilitate high-speed data connectivity (hereinafter referred to as 'bandwidth services'). Ld. AO passed assessment order dated 18.12.2024 under section 143(3) r.w.s. 144C(1) by following ....

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....18 and the latest order passed in ITA No. 1654/Del/2022 & 1655/Del/2022, dated 17th July, 2023 in assessment years 2018-19 and 2019-20; 2.11 The Hon'ble Delhi High Court in their order dated 24 July 2024 has dismissed the department's appeal and upheld the Hon'ble ITAT decision for AY 2011-12, 2012-13, 2014-15, 2015-16, 2016-17, 2017-18, 2018-19, 2019-20 and 2021-22- ITA Nos. 334/2022, 335/2022, 206/2023, 55/2023, 597/2023, 61/2023, 171/2024 & CM APPL 15018/2024, 174/2024 & CM APPL 15029/2024 (enclosed from Page no. 179-327 of Paper Book)." 8. In view of above material facts and judicial precedents, it is held that the appeal of assessee is fully covered in assessee's own case for earlier years. Therefore, respectful....