ACIT Circle 18(2) Appeals Against Nuberg Engineering Ltd. – Exemption Case for Assessment Year 2012-13

ACIT Circle 18(2) Appeals Against Nuberg Engineering Ltd. – Exemption Case for Assessment Year 2012-13

Case Overview

Case Number: ITA 5741/DEL/2019

Appellant: ACIT, Circle-18(2), New Delhi

Respondent: Nuberg Engineering Ltd., Noida

Assessment Year: 2012-13

Case Filed On: 2019-07-01

Order Type: Final Tribunal Order

Date of Order: 2019-09-30

Pronounced On: 2019-09-30

Introduction

The case between ACIT Circle-18(2), New Delhi, and Nuberg Engineering Ltd., Noida, for the assessment year 2012-13, revolves around the appeal filed by the revenue department against the exemption status of the respondent. The dispute concerns the applicability of the exemption under the provisions of the Income Tax Act, 1961.

Background

The appellant, ACIT Circle-18(2), filed an appeal against Nuberg Engineering Ltd., challenging the exemption status claimed by the company for the assessment year 2012-13. The case was filed on July 1, 2019, and the final tribunal order was pronounced on September 30, 2019.

Details of the Appeal

The main grounds of the appeal were:

• Whether the respondent, Nuberg Engineering Ltd., was eligible for exemption under the provisions of the Income Tax Act, 1961.
• The interpretation of the specific provisions and conditions for exemption.

Arguments Presented

Appellant’s Arguments

The appellant argued that the respondent did not meet the criteria for exemption under the specified provisions of the Income Tax Act. The revenue department contended that the activities of Nuberg Engineering Ltd. did not qualify as exempt under the relevant sections.

Respondent’s Arguments

The respondent, Nuberg Engineering Ltd., argued that their activities were in line with the requirements for exemption under the Income Tax Act. They provided documentation and evidence to support their claim for exemption for the assessment year 2012-13.

Tribunal’s Findings

The Income Tax Appellate Tribunal (ITAT) Delhi Bench reviewed the case in detail. The tribunal considered the submissions and arguments from both parties, as well as the relevant provisions of the Income Tax Act and previous case law.

Key Points from the Order

The tribunal’s order included the following key points:

• The tribunal analyzed the conditions for exemption under the relevant sections of the Income Tax Act.
• They evaluated the documentation and evidence provided by Nuberg Engineering Ltd.
• The tribunal considered the precedent set by previous cases with similar issues.

Conclusion and Final Judgment

After thorough consideration, the tribunal ruled in favor of Nuberg Engineering Ltd. The tribunal found that the respondent met the criteria for exemption for the assessment year 2012-13. The appeal filed by ACIT Circle-18(2) was dismissed.

Order Pronouncement

The final order was pronounced in the open court on September 30, 2019, by the bench comprising Shri H.S. Sidhu, Judicial Member, and Shri Prashant Maharishi, Accountant Member.

Order: The appeal filed by the revenue is dismissed. The cross objections filed by the assessee are also dismissed.

Members: [H.S. SIDHU] (Judicial Member) and [PRASHANT MAHARISHI] (Accountant Member)

Date of Pronouncement: 30/09/2019

Significance of the Ruling

This ruling is significant as it reaffirms the criteria and conditions for claiming exemptions under the Income Tax Act. It also highlights the importance of thorough documentation and evidence in supporting claims for exemption. The decision sets a precedent for similar cases, providing clarity on the interpretation of the relevant provisions.

ACIT Circle 18(2) Appeals Against Nuberg Engineering Ltd. – Exemption Case for Assessment Year 2012-13