2026 (6) TMI 615

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....er(s) : Mr. G. Shiva Kumar For the Respondent(s) : Mr. B. Ramana Kumar, SPC ORDER The petitioner is a subsidiary of a company, Newgen Digitalworks Private Limited (Newgen Digitalworks), registered and resident in India for purposes of the Income-Tax Act, 1961 (the I-T Act). In relation to services provided by the petitioner to the said company, payments were made to the petitioner. Tax wa....

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....uted in the above facts and circumstances. 2. Learned counsel for the petitioner assails the orders impugned herein on two substantial grounds. The first ground of challenge is that proceedings were initiated against Newgen Digitalworks, which is an Indian entity. Depending on the outcome of such proceedings, the entire tax liability of the petitioner would be discharged by the Indian entity. T....

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....ilure to deduct tax at source in terms of Section 195 of the I-T Act. Irrespective of whether deduction is made or not, he submits that the petitioner should have filed a return of income so as to enable assessment. He also submits that the rate of tax applicable to the transaction would depend on the application and interpretation of the Double Taxation Avoidance Agreement (DTAA) between India an....

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....ry next day merely taking note of the return of income and retaining all other conclusions. These facts and circumstances warrant reconsideration of the petitioner's assessment. 5. Under Section 153(2) of the I-T Act, an order of assessment or re-assessment is required to be made within 12 months from the end of the financial year in which the notice under Section 148 was served. The notice und....