Case Number: ITA 754/DEL/2019
Appellant: ADIT, New Delhi
Respondent: GE Jenbacher Gmbh & Co., Gurgaon
Assessment Year: 2005-06
Result: Favorable to Respondent
Case Filed On: February 1, 2019
Order Type: Final Tribunal Order
Date of Order: April 12, 2019
Pronounced On: April 12, 2019
The case ITA 754/DEL/2019 involves the appellant, Additional Director of Income Tax (ADIT), New Delhi, challenging the tax assessment of GE Jenbacher Gmbh & Co., Gurgaon, for the assessment year 2005-06. The case was filed on February 1, 2019, and the final order was pronounced on April 12, 2019.
GE Jenbacher Gmbh & Co., located in Gurgaon, was assessed for the year 2005-06. The assessment was challenged by the ADIT on the grounds that the respondent had concealed particulars of income, leading to the imposition of a penalty under Section 271(1)(c) of the Income Tax Act. The case was brought before the Income Tax Appellate Tribunal (ITAT) for resolution.
During the proceedings, the appellant was represented by Shri Amit Katoch, Sr. DR, while the respondent was represented by Shri Sachet Jolly, Advocate, and Shri Aarush Bhatia, Advocate. The primary issues revolved around the validity of the penalty imposed under Section 271(1)(c) and whether the penalty was justified given the circumstances.
The tribunal, comprising Judicial Member Smt. Beena A. Pillai and Accountant Member Shri Anadee Nath Misshra, reviewed the case. Key points from the tribunal’s findings include:
The tribunal concluded that the penalty under Section 271(1)(c) of the Income Tax Act was not sustainable due to the debatable nature of the issues. The penalties imposed by the AO and confirmed by the CIT(A) were ordered to be deleted, and the appeal was decided in favor of the respondent, GE Jenbacher Gmbh & Co.
Order Pronounced in the Open Court on 12th April, 2019
Signatures:
(Beena A. Pillai, Judicial Member) (Anadee Nath Misshra, Accountant Member)
Date: 12/04/2019
Copy forwarded to:
Assistant Registrar
ITA 754/DEL/2019: ADIT vs GE Jenbacher Gmbh & Co., Gurgaon – Assessment Year 2005-06
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