PR. COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION-1, NEW DELHI vs GOODRICH CORPORATION

Judgment text excerpt

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 23.05.2025 + ITA 173/2025, CM APPL. 31921/2025 & CM APPL. 31922/2025 COMMISSIONER OF INCOME TAX, INTERNATIONAL TAXATION-1, NEW DELHI .....Appellant Through: Mr Puneet Rai, SSC, Mr Ashvini Kumar and Mr Rishabh Nangia, JSCs and Mr Nikhil Jain, Advocate. versus GOODRICH CORPORATION .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA VIBHU BAKHRU, J. (ORAL) 1. The Revenue has filed the present appeal under Section 260A of the Income Tax Act, 1961 [Act] impugning an order dated 22.08.2024 [impugned order] passed by the learned Income Tax Appellate Tribunal [ITAT] in ITA No.988/Del/2024 for Assessment Year [AY] 2018-19 captioned Goodrich Corporation v. ACIT. 2. The Assessee had preferred the aforementioned appeal before the learned ITAT assailing the order dated 05.01.2024 passed by the Assessing Officer [AO] under Section 147 read with Section 144C(13) of the Act. 3. The Assessee is a company, which is tax resident of the United States of America [USA]. The Assessee has also furnished a Tax Residency Certificate [TRC] from the concerned authorities of the said country. Signature Not Verified Digitally Signed By:TARUN RANA Signing Date:01.06.2025 ITA 173/2025 Page 1 of 14 13:30:53 During the previous year relevant to the AY 2018-19, the Assessee had received certain amounts for the services rendered by it from resident entities. According to the AO, the said receipts were chargeable to tax as fees for technical services [FTS] under the Act as well as “Convention between the Government of the United States of America and the Government of the Republic of India for the Avoidance of Double Taxation and Prevention of Fiscal evasion with respect to taxes on income”