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2017 Supreme(Del) 4354

S.MURALIDHAR, PRATHIBA M.SINGH
Nokia India Private Limited – Appellant
Versus
Deputy Commissioner of Income Tax – Respondent


Advocates Appeared:
For the Petitioner:Mr. Vikas Srivastava, Mr. Jatinder Pal Singh, Mr. Sumit Mangal and Ms. Kanika Jain, Advocates.
For the Respondent: Mr. Sanjay Jain, ASG with Mr. N. P. Sahni and Mr. Rahul Chaudhary, Senior Standing Counsel.

JUDGMENT :

S. Muralidhar, J.

1. This writ petition by Nokia India Pvt. Ltd. (‘Assessee’) seeks the quashing of the notice dated 14th September 2015 issued by the Deputy Commissioner of Income Tax, Circle-18 (2), New Delhi (hereafter the Assessing Officer - ‘AO’) under Section 254 read with Sections 144-C and 143 (3) of the Income Tax Act, 1961 (‘Act’) for Assessment Year (‘AY’) 2007-08. The Assessee also challenges the consequential order dated 2nd December 2015 passed by the AO rejecting the plea of the Assessee that in terms of Section 153 (2A) of the Act, the proceedings under the aforementioned notice dated 14th September 2015 would be time-barred.

Background facts

2. The Petitioner, which is engaged in manufacture and sale of mobile handsets, filed its return of income for the AY 2007-08 on 1st November 2007 declaring an income of Rs. 8,10,62,32,096/-. Since, during the AY in question, the Assessee was involved in international transactions with its Associated Enterprise (‘AE’), a reference was made by the AO to the Transfer Pricing Officer (‘TPO’).

3. The Assessee filed obje














































































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