Experion Development Pvt. Ltd. v. ACIT ( 2020 ) 422 ITR 355/ 115 taxmann.com 338 (Delhi)(HC)

S. 147 : Reassessment –Bogus share capital- Parent company – Indian subsidiaries- Information from investigation wing – Credit worthiness of the investing company- Reassessment notice is held to be valid .[ S.68 , 148 ]

Dismissing the petition the Court held that ,the parent co does not have sufficient funds to invest such huge amounts in Indian subsidiaries. The funds are routed through a web of entities spread across various jurisdictions, mostly in tax havens. The investments so made, are required to be investigated and the credit worthiness of the investing company is in jeopardy, in view of the information received from the investigation wing. This exercise can be undertaken during the re-reassessment proceedings to finally determine if the amounts represent undisclosed income of the assessee which is required to be taxed in its hands. At the stage of re-opening, only a reason to believe should exist with regard to escapement of income. Definite conclusion would be drawn after raising queries upon the assessee in the light of s. 68 of the Act .( W.P.(C) 11302/2019, CM APPL. 46536/2019, CM APPL. 46537/2019& CM APPL. 46538/2019, dt. 13.02.2020) (AY.2012-13)