NOKIA INDIA PVT. LTD.,GURGAON vs. JCIT, SPECIAL RANGE-6, NEW DELHI

ITA 7745/DEL/2018Status: DisposedITAT Delhi30 August 2024AY 2014-15Bench: disregarding the ALP determined by the Appellant and proceeded to determine the ALP himself.47 pages
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What did the Tribunal hold?

The Tribunal held that the Double Taxation Avoidance Agreement (DTAA) does not apply to dividend distribution tax paid by a domestic company, unless specifically provided for in the treaty. Therefore, the tax rate applicable is as per Section 115-O of the Act, not the DTAA rate.

What were the facts?

The assessee, Nokia India Private Limited, appealed against the final assessment order concerning transfer pricing adjustments and dividend distribution tax. The appeal raised grounds related to the validity of the assessment, jurisdictional error in referring to the TPO, and incorrect determination of arm's length price.

What were the issues?

The key issues were whether the assessment order was vitiated, if the reference to the TPO was valid, and the applicability of DTAA provisions to dividend distribution tax paid by a domestic company.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C,Section 92CA,Section 92C,Section 92D,Section 92CB,Section 115O

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Income Tax Appellate Tribunal, DELHI BENCH ‘I’: NEW DELHI

For Appellant: Shri Ankul Goyal and Priyam
For Respondent: Shri Rajesh Kumar, CIT-DR
Hearing: 20/06/2024Pronounced: 30/08/2024

PER S.RIFAUR RAHMAN, AM:

1.

This appeal has been filed by the Assessee against the final assessment order dated 26/10/2018 passed U/s 143(3) r.w.s.144C of the Income Tax Act, 1961 (hereinafter called ‘the Act’) subsequent to the direction of the Ld. Dispute Resolution Panel (DRP)/TPO vide order dated 05/10/2017 for Asst. Year 2014-15. 2. The assessee has raised the following grounds of appeal:-

“1. General Grounds of Appeal

1.1.

That, the final assessment order framed by the learned Joint Commissioner of Income-tax, Special Range -1, Delhi (hereinafter referred to as "the Ld. AO") pursuant to the directions of the Hon'ble D

The order continues below.

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