SONY INDIA PRIVATE LIMITED vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 24(1), NEW DELHI
What did the High Court hold?
The Delhi High Court admitted the appeal for consideration on specific questions of law. These questions pertain to the tribunal's direction for an ad hoc mark-up on reimbursement receipts and the tax treatment of dividends under the India-Netherlands DTAA.
What were the facts?
The appellant, Sony India Private Limited, is challenging a decision of the Income Tax Appellate Tribunal. The appeal raises questions regarding the mark-up on reimbursement receipts from associated enterprises and the applicability of DDT under Section 115-O concerning DTAA provisions.
What were the issues?
The key issues involve the appropriateness of an ad hoc mark-up on reimbursement receipts and the conflict between domestic law (DDT) and treaty provisions (DTAA) for non-resident shareholders.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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- DCIT v. Total Oil India Pvt. Ltd.115 citing104 ITR (Trib) 1 · 2023 · ITAT
$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 14/2025
SONY INDIA PRIVATE LIMITED
.....Appellant Through: Mr. Nageswar Rao and Mr. Parth, Advocates.
versus
DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 24(1), NEW DELHI
.....Respondent Through: Mr. Ruchir Bhatia, SSC with Mr. Anant Mann, JSC.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
O R D E R %
29.01.2025 CM APPL. 5464/2025 (exemption) 1. Exemption allowed, subject to all just exceptions. 2. This application stands disposed of. ITA 14/2025 3. Having heard Mr. Nageswar Rao, learned counsel appearing for the appellant, we find that this appeal raises questions which would merit consideration. 4. We take note of the judgment handed down by the Special Bench of the Income Tax Appellate Tribunal in Deputy Commissioner of Income Tax v. Total Oil India P. Ltd. [(2023) 104 ITR (Trib) 1], as also the fact of similar challenge pending in number of writ petitions, including W.P. (C) 13962/2021. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 14:25:19
We consequently admit this appeal on the following questions of law:- A. Whether Hon'ble Tribunal ought not to have directed mark-up of ad hoc 20% on receipts of reimbursement from Associated enterprise of ₹50,44,669/- in the garb of determining arm's length price of reimbursement? B. Without prejudice to above, whether direction to mark-up receipt of reimbursement by 20% is excessive, perverse and unlawful especially considering arm's length mark-up determined (although unjustified in itself) by Ld. TPO by reference to pure marketing companies is only 12.25%? C. Whether the DDT prescribed under section 115-O of the Income Tax Act, 1961 is in substance and effect a tax on dividend income of non-resident shareholders where recipient shareholders are residents of Netherlands entitled to the more beneficial rate of 10% under Article 10 of DTAA between India and Netherlands? 6. List on 05.05.2025 along with W.P. (C) 13962/2021 and connected matters. DEVENDRA KUMAR UPADHYAYA, CJ
TUSHAR RAO GEDELA, J JANUARY 29, 2025 yrj
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 14:25:19
More judgments on Section 115-O
- Wpp Media India Private Limited, Mumbai vs Assistant Commissioner of Income Tax…ITA 9297/MUM/2025[2013-14]Status: Disposed17 Sept 2026AY 2013-14
- DCIT, Circle 1(3)(1), Mumbai vs Group M Media India Private Limited, MumbaiITA 9197/MUM/2025[2016-17]Status: Disposed17 Sept 2026AY 2016-17
- Ucb India Pvt. Ltd, Mumbai vs Addl/ ACIT/ Jt/ Dy/ NFAC, MumbaiITA 905/MUM/2021[2016-17]Status: Disposed31 Aug 2026AY 2016-17
- Interactive Television Private Limited… vs Assistant Commissioner of Income Tax…ITA 4862/MUM/2026[2020-21]Status: Disposed13 Aug 2026AY 2020-21
- Denso Haryana Private Limited, New Delhi vs JCIT, Special Range 3, New DelhiITA 1250/DEL/2023[2013-14]Status: Disposed28 Jul 2026AY 2013-14
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