Authority: Supreme Court of India, Civil Appellate Jurisdiction
Order Date: 07 October 2026
Case Overview
- Parties: Appellant – LG Electronics India Pvt. Ltd (principal officer Mr. Ashish Agrawal); Respondents – Assistant Commissioner of Income Tax, Noida and others.
- The dispute concerned reassessment notices issued under Sections 147 and 148 of the Income Tax Act, 1961 for Assessment Years 2006‑07, 2007‑08 and 2008‑09.
- Notices dated 28‑03‑2013, 21‑03‑2014 and 31‑03‑2015 alleged that LG Electronics Korea (parent) and associated enterprises operated a Permanent Establishment (PE) in India, requiring LG India to deduct TDS on remittances and leading to disallowance of related expenses under Section 40(a)(i).
- LG India argued limitation, lack of concealment, and reliance on the India‑Korea Double Taxation Avoidance Agreement (DTAA).
- High Court upheld the reassessment, noting proceedings against the Korean company and the appellant under Section 201 for non‑deduction of tax, and left DTAA consideration for reassessment proceedings.
- Senior Counsel for the appellant highlighted procedural irregularities, including a blank order under Section 250 and the suspension of the issuing CIT.
- Additional Solicitor General (ASG) Raghavendra P. Shankar pointed to parallel proceedings under Section 201 where the Income Tax Appellate Tribunal (ITAT) had modified the order, determining profits at a 20% markup on 50% of salary cost of expatriate employees attributable to the PE of LG Korea.
- ITAT had quashed assessment proceedings against LG Korea for non‑implementation of Dispute Resolution Panel directions and held that there was no tax liability on LG Korea; consequently, LG India was not an ‘assessee‑in‑default’ under Section 201 and no disallowance under Section 40(a)(i) could arise.
- The Court noted that the reassessment notice under Section 147 was solely linked to the default under Section 201 and the disallowance; without a valid ground, the reassessment is unenforceable.
Final Outcome
- The Supreme Court allowed the appeals (Civil Appeals Nos. 18067, 18068 and 18281 of 2017).
- It held the reassessment proceedings for AY 2006‑07 to 2008‑09 unenforceable and directed the Assessing Officer to close them.
- All pending applications, if any, were ordered to stand disposed.
Topics: Tax Reassessment, Permanent Establishment, Double Taxation Avoidance Agreement