DIT v. Mitsubishi Corporation

438 ITR 174Supreme Court of India2021#1871 most cited

What is DIT v. Mitsubishi Corporation authority for?

The proviso to section 209(1) of the Income-tax Act, 1961, inserted by the Finance Act, 2012, which clarified the liability of non-residents to pay advance tax, has prospective effect only. Consequently, non-residents are not liable to pay interest under section 234B for assessment years prior to AY 2012-13.

61

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2022 to 2025.

Also referred to as

DIT v. Mitsubishi Corporation · Section 234B · Section 209(1) proviso · non-resident · advance tax interest · prospective amendment · Finance Act 2012 · AY 2011-12 · AY 2008-09 · Supreme Court 2021

Sections most often in play

Section 234BSection 143(3)Section 142(1)Section 144CSection 271(1)(C)Section 9(1)(vii)Section 148Section 234C

Issues it is cited on

section 209(1)section 5(2)(b)section 9(2)section 9(1)(vii)(b)section 144c(10)make available clauseinstallation pesection 2(11)fees for included servicessection 195(1)sanction under section 151use of equipment

Judgments citing DIT v. Mitsubishi Corporation

COMMISSIONER OF INCOME TAX, (INTERNATIONAL TAX-1), NEW DELHI vs. M/S EXL SERVICE.COM INC (PRESENTLY KNOWN AS EXL SERVICE COM LLC)

ITA/749/2025HC Delhi17 Dec 2025

Bench: HON'BLE MR. JUSTICE V. KAMESWAR RAO,HON'BLE MR. JUSTICE VINOD KUMAR

…f the Act. Therefore, the assessee had no liability for payment of advance tax. Provisions of section 234B are not applicable. 36. For this proposition, we draw support from the decision of the Hon'ble Supreme Court in the case of Mitsubishi Corporation 438 ITR 174 wherein the Court held as under: “20. We do not find force in the contention of the Revenue that section234B should be read in isolation without reference to the other provisions of Chapter XVII. The liability for payment of interest as provided in section234B is for default in payment of advance tax. While the definition of "assessed tax"…

COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION-1), NEW DELHI vs. EXL SERVICE.COM INC (PRESENTLY KNOWN AS EXL SERVICE COM LLC)

ITA/748/2025HC Delhi17 Dec 2025

Bench: HON'BLE MR. JUSTICE V. KAMESWAR RAO,HON'BLE MR. JUSTICE VINOD KUMAR

…f the Act. Therefore, the assessee had no liability for payment of advance tax. Provisions of section 234B are not applicable. 36. For this proposition, we draw support from the decision of the Hon'ble Supreme Court in the case of Mitsubishi Corporation 438 ITR 174 wherein the Court held as under: “20. We do not find force in the contention of the Revenue that section234B should be read in isolation without reference to the other provisions of Chapter XVII. The liability for payment of interest as provided in section234B is for default in payment of advance tax. While the definition of "assessed tax"…

COMMISSIONER OF INCOME TAX (INTERNATIONAL TAX-1), NEW DELHI vs. EXL SERVICE.COM INC (PRESENTLY KNOWN AS EXL SERVICE COM LLC)

ITA/752/2025HC Delhi17 Dec 2025

Bench: HON'BLE MR. JUSTICE V. KAMESWAR RAO,HON'BLE MR. JUSTICE VINOD KUMAR

…f the Act. Therefore, the assessee had no liability for payment of advance tax. Provisions of section 234B are not applicable. 36. For this proposition, we draw support from the decision of the Hon'ble Supreme Court in the case of Mitsubishi Corporation 438 ITR 174 wherein the Court held as under: “20. We do not find force in the contention of the Revenue that section234B should be read in isolation without reference to the other provisions of Chapter XVII. The liability for payment of interest as provided in section234B is for default in payment of advance tax. While the definition of "assessed tax"…

ALSTOM TRANSPORT SA,KARNATAKA vs. DCIT, INT. TAXATION CIRCLE 1(1)(1), DELHI

In the result, impugned assessment order is set aside and appeal of the assessee is allowed for statistical purpose

ITA 1715/DEL/2025[2022-23]Status: DisposedITAT Delhi26 Nov 2025AY 2022-23

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.1711 To 1715/िद"ी/2025(िन.व. 2011-12, 2013-14 To 2015-16 और 2022-23)

For Appellant: Shri Deepak Chopra & Ms. Priyan TandonFor Respondent: Shri Nikhil Kumar Govila, CIT(DR)

…ty proceeding at this stage is premature, hence, ground is dismissed. 18. The assessee has assailed levy of interest u/s. 234B, 234C and 234D of the Act. The ld. Counsel for the assessee referring to the decision in the case of DIT vs. Mitsubishi Corporation, 438 ITR 174 (SC), stated that interest u/s. 234B is not applicable to non-residents in AY 2011-12. Charging of interest u/s. 234B, 234C and 234D is mandatory and consequential. The AO shall decide chargeability of interest u/s.234B of the Act for AY 2011-12 in light of the decision rendered in the case of DIT vs. Mitsubishi Corporation (supra). 19. In the re…

ALSTOM TRANSPORT SA,KARNATAKA vs. DCIT, INT. TAXATION CIRCLE 1(1)(1), DELHI

In the result, impugned assessment order is set aside and appeal of the assessee is allowed for statistical purpose

ITA 1714/DEL/2025[2015-16]Status: DisposedITAT Delhi26 Nov 2025AY 2015-16

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.1711 To 1715/िद"ी/2025(िन.व. 2011-12, 2013-14 To 2015-16 और 2022-23)

For Appellant: Shri Deepak Chopra & Ms. Priyan TandonFor Respondent: Shri Nikhil Kumar Govila, CIT(DR)

…ty proceeding at this stage is premature, hence, ground is dismissed. 18. The assessee has assailed levy of interest u/s. 234B, 234C and 234D of the Act. The ld. Counsel for the assessee referring to the decision in the case of DIT vs. Mitsubishi Corporation, 438 ITR 174 (SC), stated that interest u/s. 234B is not applicable to non-residents in AY 2011-12. Charging of interest u/s. 234B, 234C and 234D is mandatory and consequential. The AO shall decide chargeability of interest u/s.234B of the Act for AY 2011-12 in light of the decision rendered in the case of DIT vs. Mitsubishi Corporation (supra). 19. In the re…

ALSTOM TRANSPORT SA,BANGALORE vs. DCIT INTL. TAXATION CIRCLE 1(1)(1), NEW DELHI

In the result, impugned assessment order is set aside and appeal of the assessee is allowed for statistical purpose

ITA 1713/DEL/2025[2014-15]Status: DisposedITAT Delhi26 Nov 2025AY 2014-15

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.1711 To 1715/िद"ी/2025(िन.व. 2011-12, 2013-14 To 2015-16 और 2022-23)

For Appellant: Shri Deepak Chopra & Ms. Priyan TandonFor Respondent: Shri Nikhil Kumar Govila, CIT(DR)

…ty proceeding at this stage is premature, hence, ground is dismissed. 18. The assessee has assailed levy of interest u/s. 234B, 234C and 234D of the Act. The ld. Counsel for the assessee referring to the decision in the case of DIT vs. Mitsubishi Corporation, 438 ITR 174 (SC), stated that interest u/s. 234B is not applicable to non-residents in AY 2011-12. Charging of interest u/s. 234B, 234C and 234D is mandatory and consequential. The AO shall decide chargeability of interest u/s.234B of the Act for AY 2011-12 in light of the decision rendered in the case of DIT vs. Mitsubishi Corporation (supra). 19. In the re…

ALSTOM TRANSPORT SA,BANGALORE vs. DCIT INTL. TAXATION CIRCLE 1(1)(1), NEW DELHI

In the result, impugned assessment order is set aside and appeal of the assessee is allowed for statistical purpose

ITA 1712/DEL/2025[2013-14]Status: DisposedITAT Delhi26 Nov 2025AY 2013-14

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.1711 To 1715/िद"ी/2025(िन.व. 2011-12, 2013-14 To 2015-16 और 2022-23)

For Appellant: Shri Deepak Chopra & Ms. Priyan TandonFor Respondent: Shri Nikhil Kumar Govila, CIT(DR)

…ty proceeding at this stage is premature, hence, ground is dismissed. 18. The assessee has assailed levy of interest u/s. 234B, 234C and 234D of the Act. The ld. Counsel for the assessee referring to the decision in the case of DIT vs. Mitsubishi Corporation, 438 ITR 174 (SC), stated that interest u/s. 234B is not applicable to non-residents in AY 2011-12. Charging of interest u/s. 234B, 234C and 234D is mandatory and consequential. The AO shall decide chargeability of interest u/s.234B of the Act for AY 2011-12 in light of the decision rendered in the case of DIT vs. Mitsubishi Corporation (supra). 19. In the re…

ALSTOM TRANSPORT SA,KARNATAKA vs. DCIT INTERNATIONAL TAXATION, CIRCLE 1(1)(1), NEW DELHI

In the result, impugned assessment order is set aside and appeal of the assessee is allowed for statistical purpose

ITA 1711/DEL/2025[2011-12]Status: DisposedITAT Delhi26 Nov 2025AY 2011-12

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.1711 To 1715/िद"ी/2025(िन.व. 2011-12, 2013-14 To 2015-16 और 2022-23)

For Appellant: Shri Deepak Chopra & Ms. Priyan TandonFor Respondent: Shri Nikhil Kumar Govila, CIT(DR)

…ty proceeding at this stage is premature, hence, ground is dismissed. 18. The assessee has assailed levy of interest u/s. 234B, 234C and 234D of the Act. The ld. Counsel for the assessee referring to the decision in the case of DIT vs. Mitsubishi Corporation, 438 ITR 174 (SC), stated that interest u/s. 234B is not applicable to non-residents in AY 2011-12. Charging of interest u/s. 234B, 234C and 234D is mandatory and consequential. The AO shall decide chargeability of interest u/s.234B of the Act for AY 2011-12 in light of the decision rendered in the case of DIT vs. Mitsubishi Corporation (supra). 19. In the re…

DEPUTY COMMISSIONER OF INCOME TAX, NOIDA vs. FORMULA ONE MARKETING II LIMITED, UNITED KINGDOM

ITA 5092/DEL/2024[2012-13]Status: DisposedITAT Delhi30 May 2025AY 2012-13

Bench: Shri Shamim Yahya & Shri Sudhir Pareek

For Appellant: Shri Hiten Thakkar, AdvFor Respondent: Shri Surender Pal Singh, CIT(DR)
Section 148Section 154Section 195Section 209Section 234ASection 234B

…ssessee and hence, no interest under Section 234B of the Act was leviable on the income assessed by the Learned AΟ. 6.5 In this regard, reliance is also placed on the judgment of the Hon'ble Supreme Court in the case of DIT vs. Mitsubishi Corporation [2021] (438 ITR 174) wherein identical issue arose before the Supreme Court as to whether a non-resident assessee is liable to pay interest under Section 234B of the Act when its income is subject to ITA No.- 5092/Del/2024 Formula One Marke"ng II Limited tax deduction at source under Section 195 of the Act. The Supreme Court relying on the provisions of Section 209(…

SMS MEVAC UK LTD.,NEW DELHI vs. ACIT (INTERNATIONAL TAXATION), CIRCLE-3(1)(2), NEW DELHI

ITA 9738/DEL/2019[2016-17]Status: DisposedITAT Delhi09 Apr 2025AY 2016-17

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2008-09 With Assessment Year: 2007-08 With Assessment Year: 2007-08 With Assessment Year: 2009-10 With Assessment Year: 2010-11 With Assessment Year: 2011-12 Vs. Addl. Dit/Ddit, M/S. Sms Siemag Ag (Formerly Sms Demag Ag) Circle-2(2), Intl. Taxation, C/O- Mohinder Puri & Co., New Delhi Ca, 1A-D, Vandhna, 11 Tolstoy Marg, New Delhi Pan: Aadcs1173J (Appellant) (Respondent) With Assessment Year: 2012-13 With Assessment Year: 2013-14 With Assessment Year: 2014-15

Section 143(3)Section 144CSection 144C(1)Section 263(1)

…ddition. The assessee’s firth substantive ground is accepted. 14. Lastly comes the assessee’s sixth substantive ground contesting the chargeability of interest in its case under section 234B of the Act being a non-resident. Suffice to say, the case law (2021) 438 ITR 174 (SC), DIT Vs. Mitsubishi Corporation has already settled the instant issue in assessee’s favour and against the department, thereby holding that section 209(1) proviso inserted in the Act vide Finance Act, 2012, carries prospective effect only. We reiterate that the assessment year before us is AY 2008- 09. That being the case, we accept the asse…

SMS GROUP GMBH,NEW DELHI vs. ACIT, CIRCLE-3(1)(2) (INT. TAX.), NEW DELHI

ITA 4044/DEL/2019[2016-17]Status: DisposedITAT Delhi09 Apr 2025AY 2016-17

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2008-09 With Assessment Year: 2007-08 With Assessment Year: 2007-08 With Assessment Year: 2009-10 With Assessment Year: 2010-11 With Assessment Year: 2011-12 Vs. Addl. Dit/Ddit, M/S. Sms Siemag Ag (Formerly Sms Demag Ag) Circle-2(2), Intl. Taxation, C/O- Mohinder Puri & Co., New Delhi Ca, 1A-D, Vandhna, 11 Tolstoy Marg, New Delhi Pan: Aadcs1173J (Appellant) (Respondent) With Assessment Year: 2012-13 With Assessment Year: 2013-14 With Assessment Year: 2014-15

Section 143(3)Section 144CSection 144C(1)Section 263(1)

…ddition. The assessee’s firth substantive ground is accepted. 14. Lastly comes the assessee’s sixth substantive ground contesting the chargeability of interest in its case under section 234B of the Act being a non-resident. Suffice to say, the case law (2021) 438 ITR 174 (SC), DIT Vs. Mitsubishi Corporation has already settled the instant issue in assessee’s favour and against the department, thereby holding that section 209(1) proviso inserted in the Act vide Finance Act, 2012, carries prospective effect only. We reiterate that the assessment year before us is AY 2008- 09. That being the case, we accept the asse…

SMS MEVAC UK LTD.,NEW DELHI vs. ACIT (INTERNATIONAL TAXATION), CIRCLE-3(1)(2), NEW DELHI

ITA 3070/DEL/2019[2015-16]Status: DisposedITAT Delhi09 Apr 2025AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2008-09 With Assessment Year: 2007-08 With Assessment Year: 2007-08 With Assessment Year: 2009-10 With Assessment Year: 2010-11 With Assessment Year: 2011-12 Vs. Addl. Dit/Ddit, M/S. Sms Siemag Ag (Formerly Sms Demag Ag) Circle-2(2), Intl. Taxation, C/O- Mohinder Puri & Co., New Delhi Ca, 1A-D, Vandhna, 11 Tolstoy Marg, New Delhi Pan: Aadcs1173J (Appellant) (Respondent) With Assessment Year: 2012-13 With Assessment Year: 2013-14 With Assessment Year: 2014-15

Section 143(3)Section 144CSection 144C(1)Section 263(1)

…ddition. The assessee’s firth substantive ground is accepted. 14. Lastly comes the assessee’s sixth substantive ground contesting the chargeability of interest in its case under section 234B of the Act being a non-resident. Suffice to say, the case law (2021) 438 ITR 174 (SC), DIT Vs. Mitsubishi Corporation has already settled the instant issue in assessee’s favour and against the department, thereby holding that section 209(1) proviso inserted in the Act vide Finance Act, 2012, carries prospective effect only. We reiterate that the assessment year before us is AY 2008- 09. That being the case, we accept the asse…

SMS GROUP GMBH,NEW DELHI vs. ACIT (INTERNATIONAL TAXATION), CIRCLE-3(1)(2), NEW DELHI

ITA 7570/DEL/2017[2014-15]Status: DisposedITAT Delhi09 Apr 2025AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2008-09 With Assessment Year: 2007-08 With Assessment Year: 2007-08 With Assessment Year: 2009-10 With Assessment Year: 2010-11 With Assessment Year: 2011-12 Vs. Addl. Dit/Ddit, M/S. Sms Siemag Ag (Formerly Sms Demag Ag) Circle-2(2), Intl. Taxation, C/O- Mohinder Puri & Co., New Delhi Ca, 1A-D, Vandhna, 11 Tolstoy Marg, New Delhi Pan: Aadcs1173J (Appellant) (Respondent) With Assessment Year: 2012-13 With Assessment Year: 2013-14 With Assessment Year: 2014-15

Section 143(3)Section 144CSection 144C(1)Section 263(1)

…ddition. The assessee’s firth substantive ground is accepted. 14. Lastly comes the assessee’s sixth substantive ground contesting the chargeability of interest in its case under section 234B of the Act being a non-resident. Suffice to say, the case law (2021) 438 ITR 174 (SC), DIT Vs. Mitsubishi Corporation has already settled the instant issue in assessee’s favour and against the department, thereby holding that section 209(1) proviso inserted in the Act vide Finance Act, 2012, carries prospective effect only. We reiterate that the assessment year before us is AY 2008- 09. That being the case, we accept the asse…

SMS GROUP GMBH,NEW DELHI vs. ACIT (INTERNATIONAL TAXATION), CIRCLE-3(1)(2), NEW DELHI

ITA 7569/DEL/2017[2013-14]Status: DisposedITAT Delhi09 Apr 2025AY 2013-14

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2008-09 With Assessment Year: 2007-08 With Assessment Year: 2007-08 With Assessment Year: 2009-10 With Assessment Year: 2010-11 With Assessment Year: 2011-12 Vs. Addl. Dit/Ddit, M/S. Sms Siemag Ag (Formerly Sms Demag Ag) Circle-2(2), Intl. Taxation, C/O- Mohinder Puri & Co., New Delhi Ca, 1A-D, Vandhna, 11 Tolstoy Marg, New Delhi Pan: Aadcs1173J (Appellant) (Respondent) With Assessment Year: 2012-13 With Assessment Year: 2013-14 With Assessment Year: 2014-15

Section 143(3)Section 144CSection 144C(1)Section 263(1)

…ddition. The assessee’s firth substantive ground is accepted. 14. Lastly comes the assessee’s sixth substantive ground contesting the chargeability of interest in its case under section 234B of the Act being a non-resident. Suffice to say, the case law (2021) 438 ITR 174 (SC), DIT Vs. Mitsubishi Corporation has already settled the instant issue in assessee’s favour and against the department, thereby holding that section 209(1) proviso inserted in the Act vide Finance Act, 2012, carries prospective effect only. We reiterate that the assessment year before us is AY 2008- 09. That being the case, we accept the asse…

SMS GROUP GMBH,NEW DELHI vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI

ITA 256/DEL/2017[2012-13]Status: DisposedITAT Delhi09 Apr 2025AY 2012-13

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2008-09 With Assessment Year: 2007-08 With Assessment Year: 2007-08 With Assessment Year: 2009-10 With Assessment Year: 2010-11 With Assessment Year: 2011-12 Vs. Addl. Dit/Ddit, M/S. Sms Siemag Ag (Formerly Sms Demag Ag) Circle-2(2), Intl. Taxation, C/O- Mohinder Puri & Co., New Delhi Ca, 1A-D, Vandhna, 11 Tolstoy Marg, New Delhi Pan: Aadcs1173J (Appellant) (Respondent) With Assessment Year: 2012-13 With Assessment Year: 2013-14 With Assessment Year: 2014-15

Section 143(3)Section 144CSection 144C(1)Section 263(1)

…ddition. The assessee’s firth substantive ground is accepted. 14. Lastly comes the assessee’s sixth substantive ground contesting the chargeability of interest in its case under section 234B of the Act being a non-resident. Suffice to say, the case law (2021) 438 ITR 174 (SC), DIT Vs. Mitsubishi Corporation has already settled the instant issue in assessee’s favour and against the department, thereby holding that section 209(1) proviso inserted in the Act vide Finance Act, 2012, carries prospective effect only. We reiterate that the assessment year before us is AY 2008- 09. That being the case, we accept the asse…

SMS GROUP GMBH (SMS SIEMAG AG),NEW DELHI vs. ACIT, CIRCLE- 3(1)(2), INTL. TAXATION, NEW DELHI

ITA 6161/DEL/2015[2011-12]Status: DisposedITAT Delhi09 Apr 2025AY 2011-12

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2008-09 With Assessment Year: 2007-08 With Assessment Year: 2007-08 With Assessment Year: 2009-10 With Assessment Year: 2010-11 With Assessment Year: 2011-12 Vs. Addl. Dit/Ddit, M/S. Sms Siemag Ag (Formerly Sms Demag Ag) Circle-2(2), Intl. Taxation, C/O- Mohinder Puri & Co., New Delhi Ca, 1A-D, Vandhna, 11 Tolstoy Marg, New Delhi Pan: Aadcs1173J (Appellant) (Respondent) With Assessment Year: 2012-13 With Assessment Year: 2013-14 With Assessment Year: 2014-15

Section 143(3)Section 144CSection 144C(1)Section 263(1)

…ddition. The assessee’s firth substantive ground is accepted. 14. Lastly comes the assessee’s sixth substantive ground contesting the chargeability of interest in its case under section 234B of the Act being a non-resident. Suffice to say, the case law (2021) 438 ITR 174 (SC), DIT Vs. Mitsubishi Corporation has already settled the instant issue in assessee’s favour and against the department, thereby holding that section 209(1) proviso inserted in the Act vide Finance Act, 2012, carries prospective effect only. We reiterate that the assessment year before us is AY 2008- 09. That being the case, we accept the asse…

SMS GROUP GMBH (SMS SIEMAG AG),NEW DELHI vs. ACIT, CIRCLE- 3(1)(2), INTL. TAXATION, NEW DELHI

ITA 6359/DEL/2014[2010-11]Status: DisposedITAT Delhi09 Apr 2025AY 2010-11

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2008-09 With Assessment Year: 2007-08 With Assessment Year: 2007-08 With Assessment Year: 2009-10 With Assessment Year: 2010-11 With Assessment Year: 2011-12 Vs. Addl. Dit/Ddit, M/S. Sms Siemag Ag (Formerly Sms Demag Ag) Circle-2(2), Intl. Taxation, C/O- Mohinder Puri & Co., New Delhi Ca, 1A-D, Vandhna, 11 Tolstoy Marg, New Delhi Pan: Aadcs1173J (Appellant) (Respondent) With Assessment Year: 2012-13 With Assessment Year: 2013-14 With Assessment Year: 2014-15

Section 143(3)Section 144CSection 144C(1)Section 263(1)

…ddition. The assessee’s firth substantive ground is accepted. 14. Lastly comes the assessee’s sixth substantive ground contesting the chargeability of interest in its case under section 234B of the Act being a non-resident. Suffice to say, the case law (2021) 438 ITR 174 (SC), DIT Vs. Mitsubishi Corporation has already settled the instant issue in assessee’s favour and against the department, thereby holding that section 209(1) proviso inserted in the Act vide Finance Act, 2012, carries prospective effect only. We reiterate that the assessment year before us is AY 2008- 09. That being the case, we accept the asse…

SMS GROUP GMBH (FORMERLY SMS SIEMAG AG),NEW DELHI vs. AACIT, CIRCLE- 3(1)(2), INTL. TAXATION, NEW DELHI

ITA 1074/DEL/2014[2007-08]Status: DisposedITAT Delhi09 Apr 2025AY 2007-08

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2008-09 With Assessment Year: 2007-08 With Assessment Year: 2007-08 With Assessment Year: 2009-10 With Assessment Year: 2010-11 With Assessment Year: 2011-12 Vs. Addl. Dit/Ddit, M/S. Sms Siemag Ag (Formerly Sms Demag Ag) Circle-2(2), Intl. Taxation, C/O- Mohinder Puri & Co., New Delhi Ca, 1A-D, Vandhna, 11 Tolstoy Marg, New Delhi Pan: Aadcs1173J (Appellant) (Respondent) With Assessment Year: 2012-13 With Assessment Year: 2013-14 With Assessment Year: 2014-15

Section 143(3)Section 144CSection 144C(1)Section 263(1)

…ddition. The assessee’s firth substantive ground is accepted. 14. Lastly comes the assessee’s sixth substantive ground contesting the chargeability of interest in its case under section 234B of the Act being a non-resident. Suffice to say, the case law (2021) 438 ITR 174 (SC), DIT Vs. Mitsubishi Corporation has already settled the instant issue in assessee’s favour and against the department, thereby holding that section 209(1) proviso inserted in the Act vide Finance Act, 2012, carries prospective effect only. We reiterate that the assessment year before us is AY 2008- 09. That being the case, we accept the asse…

SMS GROUP GMBH (FORMERLY SMS SIEMAG AG),NEW DELHI vs. ACIT, CIRCLE- 3(1)(2), INTL TAXATION, NEW DELHI

ITA 6106/DEL/2012[2009-10]Status: DisposedITAT Delhi09 Apr 2025AY 2009-10

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2008-09 With Assessment Year: 2007-08 With Assessment Year: 2007-08 With Assessment Year: 2009-10 With Assessment Year: 2010-11 With Assessment Year: 2011-12 Vs. Addl. Dit/Ddit, M/S. Sms Siemag Ag (Formerly Sms Demag Ag) Circle-2(2), Intl. Taxation, C/O- Mohinder Puri & Co., New Delhi Ca, 1A-D, Vandhna, 11 Tolstoy Marg, New Delhi Pan: Aadcs1173J (Appellant) (Respondent) With Assessment Year: 2012-13 With Assessment Year: 2013-14 With Assessment Year: 2014-15

Section 143(3)Section 144CSection 144C(1)Section 263(1)

…ddition. The assessee’s firth substantive ground is accepted. 14. Lastly comes the assessee’s sixth substantive ground contesting the chargeability of interest in its case under section 234B of the Act being a non-resident. Suffice to say, the case law (2021) 438 ITR 174 (SC), DIT Vs. Mitsubishi Corporation has already settled the instant issue in assessee’s favour and against the department, thereby holding that section 209(1) proviso inserted in the Act vide Finance Act, 2012, carries prospective effect only. We reiterate that the assessment year before us is AY 2008- 09. That being the case, we accept the asse…

SMS GROUP GMBH (FORMERLY SMS SIEMAG AG),NEW DELHI vs. ACIT, CIRCLE- 3(1)(2), INTL. TAXATION, NEW DELHI

ITA 2144/DEL/2012[2007-08]Status: DisposedITAT Delhi09 Apr 2025AY 2007-08

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmanassessment Year: 2008-09 With Assessment Year: 2007-08 With Assessment Year: 2007-08 With Assessment Year: 2009-10 With Assessment Year: 2010-11 With Assessment Year: 2011-12 Vs. Addl. Dit/Ddit, M/S. Sms Siemag Ag (Formerly Sms Demag Ag) Circle-2(2), Intl. Taxation, C/O- Mohinder Puri & Co., New Delhi Ca, 1A-D, Vandhna, 11 Tolstoy Marg, New Delhi Pan: Aadcs1173J (Appellant) (Respondent) With Assessment Year: 2012-13 With Assessment Year: 2013-14 With Assessment Year: 2014-15

Section 143(3)Section 144CSection 144C(1)Section 263(1)

…ddition. The assessee’s firth substantive ground is accepted. 14. Lastly comes the assessee’s sixth substantive ground contesting the chargeability of interest in its case under section 234B of the Act being a non-resident. Suffice to say, the case law (2021) 438 ITR 174 (SC), DIT Vs. Mitsubishi Corporation has already settled the instant issue in assessee’s favour and against the department, thereby holding that section 209(1) proviso inserted in the Act vide Finance Act, 2012, carries prospective effect only. We reiterate that the assessment year before us is AY 2008- 09. That being the case, we accept the asse…

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DIT v. Mitsubishi Corporation (438 ITR 174) — Cited in 61 Judgments | BharatTax