Aban Offshore Ltd v. Addl. CIT (2021) 436 ITR 249/ 281 Taxman 369 / 207 DTR 14/ ( 2022 ) 324 CTR 182 (Mad.) (HC)

S. 147 : Reassessment-Transfer pricing – Credit for withholding tax -Limitation is held to be not applicable – Reassessment is held to be valid [ S. 90, 92CA, 92E, Art , 226 ]

Assessee filed audit report under section 92E which was considered by TPO to pass final order which was forwarded to Assessing Officer who has passed a final assessment order  .The Assessing Officer sought information  from TPO, to cull out certain truth or understand transactions, if any escaped, would not fall under scope of sub-section (2B) or (2C) of section 92CA and limitation prescribed under sub-section (2C) would not be applicable.  Issue of reassessment notice is held to be justified   The assessee company had claimed credit for an amount of withholding tax deducted by Singapore tax authorities in respect of interest income earned by assessee from a Singapore registered company which was allowed as TDS in relevant assessment year, since assessee had borrowed money in name of Singapore company and interest expenditure on such borrowed money was also claimed by assessee which resulted in no real interest income on netting offered in India, relief under section 90 on tax withheld at Singapore was not available, Reopening of assessment to disallow claim of assessee for credit for withholding tax paid in Singapore was justified. Writ against reassessment notice was dismissed .  (AY.  2007-08 )