Case Number: ITA 5576/DEL/2019
Appellant: GE Packaged Power Inc., Gurgaon
Respondent: Deputy Commissioner of Income Tax (International Taxation), Circle-1(3)(1), New Delhi
Assessment Year: 2007-08
Result: Appeal Dismissed
Case Filed on: 2019-06-26
Order Type: Final Tribunal Order
Date of Order: 2021-03-31
Pronounced on: 2021-03-31
The case pertains to an appeal filed by GE Packaged Power Inc., Gurgaon, challenging the order passed by the Deputy Commissioner of Income Tax (International Taxation), Circle-1(3)(1), New Delhi for the assessment year 2007-08. The appeal was filed to address disputes related to tax arrears and other adjustments made by the Assessing Officer (AO) and upheld by the Commissioner of Income Tax (Appeals) [CIT(A)].
The appeal was filed by GE Packaged Power Inc. against the order of the Commissioner of Income Tax (Appeals)-42, New Delhi dated 13th May 2019. The appellant sought relief from the disallowances and adjustments made by the AO, which were sustained by the CIT(A). The appeal was part of a broader effort to resolve various tax disputes under the Vivad Se Vishwas Scheme, 2020.
The appellant raised multiple grounds of appeal, contesting the disallowances and adjustments made by the AO and sustained by the CIT(A). These included issues related to the disallowance of expenses, tax arrears, and other financial adjustments. The appellant argued that the provisions for expenses were made on a reasonable basis and in accordance with the mercantile system of accounting followed by the company.
The appeal was heard before the Income Tax Appellate Tribunal (Delhi Bench ‘A’) in New Delhi on 31st March 2021. The bench comprised Shri G.S. Pannu, Vice President, and Shri Kul Bharat, Judicial Member. The hearing was conducted through video conferencing.
GE Packaged Power Inc. was represented by Ms. Disha Jham, Advocate, and Ms. Mehak Sachdeva, Advocate. The respondent was represented by Sh. M. Baranwal, Senior DR. The appeal challenged the disallowances made by the AO and sustained by the CIT(A) on various grounds.
The appellant’s counsel argued that the disallowances made by the AO were incorrect and that the provisions for expenses were made on a reasonable basis and should be allowed as business expenditure under Section 37(1) of the Income Tax Act, 1961. The counsel further argued that the tax arrears and other adjustments should be reconsidered under the Vivad Se Vishwas Scheme, 2020.
The respondent’s representative, Sh. M. Baranwal, Senior DR, argued that the disallowances made by the AO were justified as the provisions for expenses were contingent in nature and the tax arrears were appropriately calculated.
The Tribunal considered the details and arguments presented by both parties. The Tribunal accepted the request of the appellant’s representative to withdraw the appeal as the issues were being settled under the Vivad Se Vishwas Scheme, 2020. The Tribunal, therefore, dismissed the appeal as withdrawn.
The Tribunal dismissed the appeal filed by GE Packaged Power Inc., Gurgaon against the order of the DCIT (International Taxation), Circle-1(3)(1), New Delhi. The case was settled under the Vivad Se Vishwas Scheme, 2020, and the appeal was dismissed as withdrawn. The final order was pronounced on 31st March 2021 by Shri G.S. Pannu, Vice President, and Shri Kul Bharat, Judicial Member.
Members Present:
Shri G.S. Pannu, Vice President
Shri Kul Bharat, Judicial Member
Document Reference:
Copy forwarded to:
1. Appellant: GE Packaged Power Inc., C/O 6th Floor, Building, 7A, Standard Chartered Building, DLF Cyber City, Phase-III, Gurgaon, Haryana – 122002
2. Respondent: DCIT (International Taxation), Circle-1(3)(1), New Delhi
3. CIT
4. CIT(A)
5. DR: ITAT
Assistant Registrar, ITAT, New Delhi
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