LAWS(TLNG)-2021-8-7

DONGFANG ELECTRIC CORPORATION Vs. DESIGNATED AUTHORITY

Decided On August 27, 2021
Dongfang Electric Corporation Appellant
V/S
DESIGNATED AUTHORITY Respondents

JUDGEMENT

(1.) In this Writ Petition, the petitioner has assailed the order dt.30.04.2021 passed by the 1st respondent rejecting the petitioner's application dt.30.03.2021 filed under the Direct Tax Vivad Se Vishwas Act, 2020 (hereinafter referred to as, 'the DTVSV Act') as contrary to Circular No.9/2020 dt.22.04.2020 issued by the 3rd respondent.

(2.) It is the contention of the petitioner that, it Qis a Company formed under the Laws of China and is engaged in the business of power equipment manufacturing for worldwide power projects for thermal, hydro, nuclear, wind, gas turbine and combined cycle power plants; that it had supplied Boiler Turbine Generator and provided certain related services for power project located in India of Sembcorp Energy India Limited; that the income received for such services was taxable in India; and that the 2nd respondent issued a draft assessment order dt.30.12.2019 under Section 147 read with Section 144C(1) of the Income Tax Act, 1961 (hereinafter referred to as, 'the Act'), to which it was required to file objections, if any, before the Dispute Resolution Panel (for short 'DRP') within 30 days.

(3.) The petitioner would further contend that as the petitioner did not choose to file objections to the draft assessment order within a period of 30 days as provided under the Act, i.e. by 29.01.2020, the 2nd respondent passed the Final order confirming the proposals contained therein on 10.02.2020.