COMMISSIONER OF INCOME TAX INTERNATIONAL TAXATION- 2, NEW DELHI vs HYUNDAI ROTEM COMPANY

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 29.10.2025 + ITA 304/2025 & CM APPL. 50009/2025 COMMISSIONER OF INCOME TAX INTERNATIONAL TAXATION-2, NEW DELHI .....Appellant versus HYUNDAI ROTEM COMPANY .....Respondent Advocates who appeared in this case For the Appellant: Mr. Sunil Agarwal, SSC Mr. Viplav Acharya, Ms. Priya Sarkar, JSC and Mr. Utkarsh Tiwari, Advocates. For the Respondent: Ms. Ananya Kapoor, Ms. Soumya Singh and Mr. Sumit Lalchandani, Advocates. CORAM: HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE VINOD KUMAR JUDGMENT V. KAMESWAR RAO, J. CM APPL. 50009/2025 (Condonation of delayin filing) 1. For the reasons stated in the application, the delay of 103 days in filing the appeal stands condoned. 2. The application stands disposed of. Signature Not Verified Signed By:PRADEEP ITA No.304/2025 Page 1 of 46 SHARMA Signing Date:29.10.2025 18:22:45 ITA 304/2025 3. The present appeal has been filed by the appellant who is the Commissioner of Income Tax (International Taxation)-2, New Delhi under Section 260A of the Income Tax Act, 1961 (the Act) against the impugned order dated 18.11.2024 passed by the Income Tax Appellate Tribunal, Delhi “I” Bench („ITAT‟) in ITA No.2027/Del/2022 for the Assessment Year (AY) 2018-19, with the following prayers:- ―(a) Allow this appeal and set aside the impugned order of Ld.ITAT dated 18.11.2024 for AY 2018-19 in ITA No. 2027/Del/2022. (b) Formulate and decide the substantial questions of law as stated in para 3 of this appeal; (c) Amend, alter, modify/ reframe any of the substantial questions of law which this Hon‘ble Court may deem fit and proper in the facts and circumstances of this case.‖ 4. The respondent/assessee is a company incorporated in Korea engaged in producing different kinds of railway