THE DIRECTOR OF INCOME TAX - II vs. M/S QUALCOMM INCORPORATED

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ITA - 557 / 2013HC Delhi27 July 20176 pages
For Petitioner: DILEEP SHIVPURI
AI SummaryPartly Allowed

What did the High Court hold?

The High Court dismissed the stay applications filed by the Department. The appeals were listed for further hearing.

What were the facts?

The appeals were filed by the Director of Income Tax and Qualcomm Incorporated. The Department sought adjournment in multiple appeals.

What were the issues?

The primary issue was the adjournment sought by the Department in various appeals concerning Qualcomm Incorporated.

AI-generated summary — verify with the full judgment below

$~38 to 50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 557/2013 THE DIRECTOR OF INCOME TAX – II ..... Appellant Through : Mr. Asheesh Jain, Senior Standing Counsel with Mr. Vikrant A. Maheshwari, Advocate. versus QUALCOMM INCORPORATED ..... Respondent Through : Mr. Tarun Gulati, Mr. Nishant Thakkar and Mr. Vipin Upadhyay, Advocates. With + ITA 558/2013 THE DIRECTOR OF INCOME TAX – II ..... Appellant Through : Mr. Asheesh Jain, Senior Standing Counsel with Mr. Vikrant A. Maheshwari, Advocate. versus QUALCOMM INCORPORATED ..... Respondent Through : Mr. Tarun Gulati, Mr. Nishant Thakkar and Mr. Vipin Upadhyay, Advocates. With + ITA 559/2013 THE DIRECTOR OF INCOME TAX – II ..... Appellant Through : Mr. Asheesh Jain, Senior Standing Counsel with Mr. Vikrant A. Maheshwari, Advocate. 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 18:31:28

versus QUALCOMM INCORPORATED ..... Respondent Through : Mr. Tarun Gulati, Mr. Nishant Thakkar and Mr. Vipin Upadhyay, Advocates. With + ITA 560/2013 THE DIRECTOR OF INCOME TAX – II (INTERNATIONAL TAXATION) ..... Appellant Through : Mr. Asheesh Jain, Senior Standing Counsel with Mr. Vikrant A. Maheshwari, Advocate. versus QUALCOMM INCORPORATED ..... Respondent Through : Mr. Tarun Gulati, Mr. Nishant Thakkar and Mr. Vipin Upadhyay, Advocates. With + ITA 562/2013 THE DIRECTOR OF INCOME TAX – II ..... Appellant Through : Mr. Asheesh Jain, Senior Standing Counsel with Mr. Vikrant A. Maheshwari, Advocate. versus QUALCOMM INCORPORATED ..... Respondent Through : Mr. Tarun Gulati, Mr. Nishant Thakkar and Mr. Vipin Upadhyay, Advocates. With 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 18:31:28

+ ITA 574/2015 QUALCOMM INCORPORATED ..... Appellant Through : Mr. Tarun Gulati, Mr. Nishant Thakkar and Mr. Vipin Upadhyay, Advocates. versus THE COMMISSIONER OF INCOME TAX -III, RANGE -III, INTERNATIONAL TAXATION & ANR. ..... Respondents Through : Mr. Rahul Chaudhary, Senior Standing Counsel with Mr. Sanjay Kumar, Junior Standing Counsel. With + ITA 575/2015 QUALCOMM INCORPORATED ..... Appellant Through : Mr. Tarun Gulati, Mr. Nishant Thakkar and Mr. Vipin Upadhyay, Advocates. versus THE COMMISSIONER OF INCOME TAX -III, RANGE -III, INTERNATIONAL TAXATION ..... Respondent Through : Mr. Rahul Chaudhary, Senior Standing Counsel with Mr. Sanjay Kumar, Junior Standing Counsel. With + ITA 577/2015 QUALCOMM INCORPORATED ..... Appellant Through : Mr. Tarun Gulati, Mr. Nishant Thakkar and Mr. Vipin Upadhyay, Advocates. versus 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 18:31:28

THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 3(1)(1), INTERNATIONAL TAXATION ..... Respondent Through : Mr. Rahul Chaudhary, Senior Standing Counsel with Mr. Sanjay Kumar, Junior Standing Counsel. With + ITA 640/2015 QUALCOMM INCORPORATED ..... Appellant Through : Mr. Tarun Gulati, Mr. Nishant Thakkar and Mr. Vipin Upadhyay, Advocates. versus THE COMMISSIONER OF INCOME TAX-III ..... Respondent Through : Mr. Rahul Chaudhary, Senior Standing Counsel with Mr. Sanjay Kumar, Junior Standing Counsel. With + ITA 671/2015 COMMISSIONER OF INCOME TAX ..... Appellant Through : Mr. Asheesh Jain, Senior Standing Counsel with Mr. Vikrant A. Maheshwari, Advocate. versus QUALCOMM INCORPORATED ..... Respondent Through : Mr. Tarun Gulati, Mr. Nishant Thakkar and Mr. Vipin Upadhyay, Advocates. With + ITA 673/2015 COMMISSIONER OF INCOME TAX ..... Appellant 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 18:31:28

Through : Mr. Asheesh Jain, Senior Standing Counsel with Mr. Vikrant A. Maheshwari, Advocate. versus QUALCOME INCORPORATED ..... Respondent Through : Mr. Tarun Gulati, Mr. Nishant Thakkar and Mr. Vipin Upadhyay, Advocates. With + ITA 674/2015 COMMISSIONER OF INCOME TAX ..... Appellant Through : Mr. Asheesh Jain, Senior Standing Counsel with Mr. Vikrant A. Maheshwari, Advocate. versus QUALCOMM INCORPORATED ..... Respondent Through : Mr. Tarun Gulati, Mr. Nishant Thakkar and Mr. Vipin Upadhyay, Advocates. With + ITA 708/2015 COMMISSIONER OF INCOME TAX, ..... Appellant Through : Mr. Asheesh Jain, Senior Standing Counsel with Mr. Vikrant A. Maheshwari, Advocate. versus QUALCOMM INCORPORATED ..... Respondent Through : Mr. Tarun Gulati, Mr. Nishant Thakkar and Mr. Vipin Upadhyay, Advocates. 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 18:31:28

CORAM: JUSTICE S.MURALIDHAR JUSTICE PRATHIBA M. SINGH O R D E R % 27.07.2017 CM No. 14852-53/2015 (stay) in ITA No. 574/2015 CM No. 14856-57/2015 (stay) in ITA No. 575/2015 CM No. 14863-64/2015 (stay) in ITA No. 577/2015 CM No. 16783-84/2015 (stay) in ITA No. 640/2015 1. There is no occasion to pass any interim order at this stage. These applications are, accordingly, dismissed. ITA Nos. 557/2013, 558/2013, 559/2013, 560/2013, 562/2013, 574/2015, 575/2015, 577/2015 & 640/2015 2. There is an adjournment slip on behalf of the Department. 3. List in due course. ITA Nos. 671/2015, 673/2015, 674/2015 & 708/2015 4. There is an adjournment slip on behalf of the Department. 5. List along with ITA Nos. 557 to 560/2013 and batch. S.MURALIDHAR, J PRATHIBA M. SINGH, J JULY 27, 2017 j 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 18:31:28

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