Direct Tax Quarterly Digest: July - September, 2025

SUPREME COURTForeign Entity Doing Business Through Temporary Premises In India Liable To Tax : Supreme Court Rejects Hyatt International's AppealCause Title: HYATT INTERNATIONAL SOUTHWEST ASIA LTD. VERSUS ADDITIONAL DIRECTOR OF INCOME TAX (and connected matters)The Supreme Court on Thursday (July 24) ruled that the existence of a Permanent Establishment (PE) is sufficient to attract tax liability for a foreign entity in India, even in the absence of exclusive possession of a fixed place of business. The Court clarified that temporary or shared use of premises, when combined with administrative or operational control, is adequate to establish a PE, thereby triggering income tax liability in India.Holding so, the bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan dismissed Hyatt International's appeal against the Delhi High Court's order, which had held the company liable to pay income tax in India on income earned through its Strategic Oversight Services Agreements (SOSA) with Asian Hotels Ltd. for 20 years, the operator of Hyatt's hotel business in India.Income Tax Act | Supreme Court Delivers Split Verdict On Timelimit For Assessments Under S.144CCause Title: ASSISTANT COMMISSIONER OF INCOME TAX & ORS. VERSUS SHELF DRILLING RON TAPPMEYER LIMITEDThe Supreme Court on Friday (Aug. 8) delivered a split verdict on the interpretation of the limitation period under Section 144C of the Income Tax Act, 1961 (“Act”), governing the timeline for passing assessment orders by the Assessing Officer in cases involving eligible assessees, such as foreign companies and transfer pricing matters.Justice BV Nagarathna ruled that Section 153(3)'s twelve-month cap still governs even in Section 144C proceedings, rendering the assessments time-barred. However, Justice SC Sharma held that the timelines in Section 144C operate independently of Section 153(3) and exclude its outer limit for DRP cases, stating that applying Section 153 could impact tax recovery.Is Merchant Navy Officer's Salary Credited In Indian Bank Account Exempt From Income Tax? Supreme Court To DecideCause Title: VANDANA & ORS. VERSUS KESHAV & ORS.The Supreme Court on Monday (Aug. 18) agreed to decide whether the income credited in an Indian bank account while working with a Foreign Entity would be exempted from the payment of Income Tax under the Income Tax Act, 1961..The issue arose before the bench of Justices Pankaj Mithal and Prasanna B. Varale while hearing the appeal filed against the Punjab & Haryana High Court's decision upholding the Motor Accident Claims Tribunal (“MACT”) decision to deduct 30% towards tax liability while computing the compensation claim of the Appellant's deceased husband, who was employed with British Marine PLC, London as Merchant Navy Officer earning 3,200 USD monthly income.Supreme Court Pulls Up Income Tax Dept For Launching Prosecution For Tax Evasion Without ITAT Confirmation, Imposes Rs 2 Lakh CostCause Title: VIJAY KRISHNASWAMI @ KRISHNASWAMI VIJAYAKUMAR VERSUS THE DEPUTY DIRECTOR OF INCOME TAX (INVESTIGATION)The Supreme Court on Thursday (Aug. 28) imposed Rs. 2 Lakhs cost on Income Tax Department for 'grossly abusing its position' to continue a prosecution against an assessee alleging willful tax evasion.The bench comprising Justices JK Maheshwari and Vijay Bishnoi set aside the Madras High Court's decision, which refused to quash the prosecution case initiated by the department. The Court criticized the department's action of launching the prosecution against the assessee in contrast to its own circulars, which allow launching the prosecution for tax evasion under Section 276C (1) of the Income Tax Act, 1961 (“IT Act”) only after the penalty for concealment is confirmed by the Income Tax Appellate Tribunal (ITAT).HIGH COURTSAllahabad HC[Income Tax] Filing Of Form 10-IC Prior To Filing Of Return Not Mandatory, Delay May Be Condoned In “Genuine Hardship”: Allahabad High CourtCase Title: CELL COM TELESERVICES PRIVATE LIMITED v. UNION OF INDIA AND OTHERSCase no.: WRIT TAX NO. 278 OF 2024The Allahabad High Court has held that filing of Form 10-IC prior to filing of income tax return is not mandatory and the delay in filing the Form may be condoned in cases where “genuine hardship” is shown to exist.Form 10-IC, under the Income Tax Act, is required to filed only if a Domestic Company chooses to pay tax at concessional rate of 22% under Section 115BAA of the Income Tax Act,1961. Section 115BAA provides that subject to the provisions of Chapter XII of the Income Tax Act, a domestic company may choose to compute its income tax at 22% for any previous year relevant to the assessment year beginning on or after the 1st day of April, 2020 provided the conditions mentioned in Section 115BAA(2) are fulfilled.Burden To Prove That Best Assessment By Income Tax Authorities Is Perverse Is On Assesee: Allahabad High CourtCase Title: M/S Rai Wines Ras Bahar Colony v. The Commisssioner Of Income TaxCase no.: INCOME TAX APPEAL No. - ...

Direct Tax Quarterly Digest: July - September, 2025

Kapil Dhyani

Tags