EPCOS ELECTRONIC COMPONENTS Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner which is a company incorporated in Spain has filed this petition challenging the legality of the order dated 22nd March, 2018 passed by the Commissioner of Income Tax (International Taxation-I) (Respondent No.2) dismissing the Petitioner's application under Section 264 of the Income Tax Act, 1961 ("Act").

(2.) In the said petition, the Petitioner had prayed for necessary directions to the Assessing Officer (AO) to consider permitting the Petitioner to revise its return of income for Assessment Year (AY) 2014-2015 and paying tax at 10% on its earnings for provision of management services to its associated enterprises EPCOS India Pvt. Ltd. (EIPL) instead of 20% in terms of Article 13 of the Double Taxation Avoidance Agreement ("DTAA") entered into between India and Spain.

(3.) It should be noted at the outset that in the written note of arguments submitted to the Court it is indicated that the Petitioner, which was formerly known as EPCOS Electronic Components S.A., is now known as TDK Electronics Components S.A. and EPCOS India Pvt. Ltd. is now known as TDK India Private Limited. However, no application for amending the cause title in the present petition has been filed.