ASSISTANT COMMISSIONER OF INCOME TAX (INTERNATIONAL TAX) - CIRCLE 3(1)(2), DELHI V. SC LOWY P.I. (LUX) S.A.R.L., LUXEMBOURG

MA 113/DEL/2025

AI Insights

The case involves a miscellaneous application filed by the Revenue against the order of the Income Tax Appellate Tribunal (ITAT) in ITA No.3568/Del/2023, which pertained to the Assessment Year 2021-22. The Revenue sought rectification of the ITAT's order, arguing that the decision relied upon by the ITAT was no longer applicable due to a stay by the Supreme Court on the Delhi High Court's ruling in the case of Tiger Global International II Holdings. The assessee contested this, pointing out the correct date of the Supreme Court's stay. After considering the submissions, the ITAT dismissed the Revenue's application, confirming that the Supreme Court's stay was indeed in effect at the time of their decision, making the Revenue's application infructuous.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 780244 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-10-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: misc
• Appeal Filed On: 24-04-2025
• Other Referred Cases: Tiger Global International II Holdings
• Laws Referred To: Article 29 on limitation of benefits
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: OM PRAKASH
• Assessee Lawyers: AJAY VOHRA
• Keywords: Rectification of order; Competent authority

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES ‘D’ : NEW DELHI. BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER and SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER MA No.113/DEL/2025 (in ITA No.3568/DEL/2023) (Assessment Year: 2021-22) ACIT, International Taxation, vs. SC Lowy (LUX) S.A.R.L., Circle 3(1)(2), Luxembourg, Delhi. C/o Walker Chandlok & Co. LLP, 16th Floor, Tower III, One International Centre, S.B. Marg, Prabhadevi West, Mumbai – 400 013. (PAN : AAACS7141Q) (APPLICANT) (RESPONDENT) APPLICANT/REVENUE BY : Shri Om Prakash, Sr. DR ASSESSEE BY : Shri Ajay Vohra, Sr. Advocate Shri Shivam Kansal, CA Date of Hearing : 01.08.2025 Date of Order : 06.10.2025 O R D E R PER S. RIFAUR RAHMAN, AM : 1. This misc. application is filed by the Applicant/Revenue against the order of the Tribunal in ITA No.3568/Del/2023 dated 30.12.2024 for Assessment Year 2021-22 for rectification of mistakes in the impugned order dated 30.12.2024. Printed from counselvise.com 2 MA No.113/Del/2025 2. This misc. application is filed by the Revenue with the plea that ITAT while deciding the appeal preferred by the assessee against the Revenue in ITA No.3568/Del/2023 for the AY 2021-22 allowed the appeal of the assessee by relying on the decision of Hon’ble Delhi High Court in the case of Tiger Global International II Holdings. In this regard, it was submitted that the Revenue has to accept the TRC issued by the competent authority if the facts on record satisfies the conditions specified in the Article 29 on limitation of benefits. In this regard, it was submitted that Hon’ble Supreme Court vide order dated 24.01.2024 (Special Leave Petition (Civil) Diary No.1251/2025) has stayed the operation, implementation and execution of Hon’ble Delhi High Court ruling in the case of Tiger Global International II Holdings (supra), which makes the issue alive whether holding a TRC is a valid proof of entitlement of Treaty benefits. In view of the above development, the decision of Tiger Global International II Holdings (supra) is not applicable in the case of the assessee. Therefore, the above fact clearly shows a mistake apparent from record in the preceding issues as submitted above in the order passed by the ITAT in the case of the assessee. Therefore, the above order may be amended/recalled for fresh adjudication on merits. The same issue was reiterated by the ld. DR of the Revenue at the time of hearing. Printed from counselvise.com 3 MA No.113/Del/2025 3. On the other hand, ld. AR of the assessee brought to our notice the relevant SLP filed by the Revenue before the Hon’ble Supreme Court which was stayed by Hon’ble Supreme Court on 24.01.2025 not on 24.01.2024. 4. Considered the submissions of both the parties. We observe that the decision of Hon’ble Supreme Court was pronounced vide order dated 24.01.2025 and the Hon’ble Supreme Court has stayed the operation, implementation and execution of Hon’ble Delhi High Court ruling in the case of Tiger Global International II Holdings (supra). It clearly shows that the Hon’ble Supreme Court order is dated 24.01.2025 and not 24.01.2024. On the date of passing the order, the relevant decision was binding on us, therefore, the misc. application filed by the Revenue is infructuous and accordingly, the same is dismissed. 5. In the result, the misc. application filed by the Revenue is dismissed. Order pronounced in the open court on this 6TH day of October, 2025. SD/- SD/- (VIKAS AWASTHY) (S.RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 06.10.2025 TS Printed from counselvise.com 4 MA No.113/Del/2025 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals). 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI Printed from counselvise.com "