“draft assessment order”

Wild West Domains, Llc, Gurgaon vs. ACIT, Circle-3(1)(1), Int. Tax., New Delhi

Bench: Shri G.S. Pannu, Hon’Ble & Shri Challa Nagendra Prasadआ.अ.सं/.I.T.A No.1774/Del/2022 िनधा"रणवष"/Assessment Year: 2019-20 बनाम Wild West Domains, Llc Acit, Go Daddy India Domains & Hosting Vs. Circle-3(1)(1), Int. Services Private Limited, First Floor, Taxation, 01A167, Wework Bristol Chowk, Civic Centre, Platina Tower, Mg Road, Sector-28, Minto Road, Gurgaon, Haryana. Newdelhi. Pan No.Aabcw2372H अपीलाथ" Appellant ""यथ"/Respondent

other services to resellers across the world. These services have been rendered to Indian resellers from outside India. 4. The AO in the draft assessment order proposed to deny the benefits under the DTAA of US Treaty observing as under: “4. Is the Assessee Really Eligible for the Benefits under ... liable to tax on income.” I.T.A.No.1774/Del/2022 6. The AO passed final assessment order dated 23.06.2022 upholding his findings in the draft assessment order on the directions of the DRP. 7. The Ld. Counsel for the assessee made his submissions as under: “APPELLANT’S CLAIM OF BENEFIT OF THE INDIA

Samsung India Electronics Pvt. Ltd., Gurgaon vs. DCIT Circle-22(2), New Delhi

In the result, the appeal of the assessee is partly allowed in the aforesaid manner

Bench: Shri G. S. Pannu & Shri Yogesh Kumar U.S.

Promotion (AMP) expenses; and (b) International transactions in the trading, manufacturing and networking segments. These adjustments were adopted by the AO in her draft assessment order dated 28.12.2018 issued u/s. 144C(1) of the Act. Besides these, the AO proposed following additions: (a) disallowance of salary expenditure incurred on expatriate ... accordingly, convinced that royalty is an intrinsic part of the Licensed Manufacturing segment and accordingly, aggregated with the segment. 56. However, in the draft assessment order, ignoring the assessee's detailed submissions to the contrary, the AO held that the appellant had paid excessive royalty to the tune

Bhs India Holdings, Inc., New Jersey, Usa vs. Assistant Commissioner of Income Tax, Circle International Taxation 1(1)(2), Delhi

The appeal is allowed and the stay application which is tagged along is dismissed being infructous

Bench: Shri Gs Pannu & Shri Anubhav Sharma

from other sources' by holding that the Appellant has not substantiated the legal existence, acquisition, possession and transfer of shares. 5. Against the draft assessment order, the Appellant filed objections with additional evidences as proof of legal existence, acquisition, possession and transfer of the shares of Medfin India

DCIT(International Taxation), Delhi vs. Kesav Sree Kumar Kesavan Nair, Delhi

In the result, the appeals of the Revenue in ITA Nos

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

unambiguous. The failure by the AO to adhere to the mandatory requirement of Section 144C (1) of the Act and first pass a draft assessment order would result in invalidation of the final assessment order and the consequent demand notices and penalty proceedings. 17. For the aforementioned reasons, the final ... instant case, it an undisputed fact that the Assessing Officer has passed the final assessment order on 31/12/2019 without passing draft assessment order. Following the decision of Co-ordinate Bench, on parity of facts and reasons we hold the assessment order ITA Nos.2848 & 2849/Del/2023 CO Nos.26 & 27/Del/2024 13 dated 31/12/2019

DCIT, International Taxation Circle-2(1)2, Delhi vs. Kesav Sree Kumar Kesavan Nair, Delhi

In the result, the appeals of the Revenue in ITA Nos

Bench: Shri Vikas Awasthy & Shri Naveen Chandra

unambiguous. The failure by the AO to adhere to the mandatory requirement of Section 144C (1) of the Act and first pass a draft assessment order would result in invalidation of the final assessment order and the consequent demand notices and penalty proceedings. 17. For the aforementioned reasons, the final ... instant case, it an undisputed fact that the Assessing Officer has passed the final assessment order on 31/12/2019 without passing draft assessment order. Following the decision of Co-ordinate Bench, on parity of facts and reasons we hold the assessment order ITA Nos.2848 & 2849/Del/2023 CO Nos.26 & 27/Del/2024 13 dated 31/12/2019

R1 Rcm Holdco Inc. (Formerly Known As R1 Rcm Inc.), Usa vs. DCIT, Int. Taxation, Gurgaon

In the result, the appeal filed by the assessee is allowed

Bench: SHRI G.S. PANNU, HON'BLE (Vice President), SHRI ANUBHAV SHARMA (Judicial Member)

observed that the AO has considered the assessee's all contentions made from ground no. 1 to 7 of the objections in his draft assessment order from para no. 4 to 4.4. The Panel further takes note that the assessee revised its return of income for the year under consideration

Superb Mind Holdings Ltd, New Delhi vs. ACIT, Circle 3(1)(2), International Taxation, New Delhi

In the result, appeal of the assessee is allowed, in the terms aforesaid

Bench: Shri Vikas Awasthy & Shri Naveen Chandraआअसं.1832/िद"ी/2023 (िन.व. 2020-21) M/S. Superb Mind Holdings Ltd., C/O Anita & Gadia, Chartered Accountant, F-45, Bhagat Singh Market, New Delhi 110001 Pan Aazcs-2945-Q ...... अपीलाथ"/Appellant बनाम Vs. Assistant Commissioner Of Income Tax, ..... "ितवादी/Respondent Circle International Tax 3(1)(2), New Delhi

mentioned that the factual matrix of the case is same as that in AY 2018-19. He further referred to draft assessment order para 12.2, wherein the AO has again observed that the case of the assessee for AY 2018-19 was similar wherein the assessee was found not eligible ... appeal of the assessee.” 6. The show cause notice dated 29.08.2022 issued to the assessee and observations of the AO in the draft assessment order clearly indicate that the factual matrix of the case in the impugned assessment year is identical to one considered in AY 2018-19. This fact