Case Number: ITA 755/DEL/2019
Appellant: GE Jenbacher Gmbh & Co. OHG, Gurgaon
Respondent: ACIT (International Taxation), New Delhi
Assessment Year: 2006-07
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 755/DEL/2019 involves the appellant, GE Jenbacher Gmbh & Co. OHG, Gurgaon, challenging the tax assessment by the Additional Commissioner of Income Tax (ACIT), International Taxation, New Delhi, for the assessment year 2006-07. The case was filed on February 1, 2019, and the final order was pronounced on April 12, 2019.
GE Jenbacher Gmbh & Co. OHG, located in Gurgaon, was assessed for the year 2006-07. The assessment was challenged by the appellant on the grounds that the respondent had levied a penalty under Section 271(1)(c) of the Income Tax Act for concealment of income and furnishing inaccurate particulars of income. The case was brought before the Income Tax Appellate Tribunal (ITAT) for resolution.
During the proceedings, the appellant was represented by Shri Sachet Jolly, Advocate, and Shri Aarush Bhatia, Advocate, while the respondent was represented by Shri Amit Katoch, Sr. DR. 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 appellant, GE Jenbacher Gmbh & Co. OHG.
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
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