Case Number: ITA 757/DEL/2019
Appellant: GE Jenbacher GmbH & Co. OHG, Gurgaon
Respondent: DCIT, Circle- 1(3)(1), International Taxation, New Delhi
Assessment Year: 2008-09
Result: Favorable to Appellant
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 757/DEL/2019 involves the appellant, GE Jenbacher GmbH & Co. OHG, Gurgaon, challenging the penalty levied by the Deputy Commissioner of Income Tax (DCIT), Circle- 1(3)(1), International Taxation, New Delhi, for the assessment year 2008-09. 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 2008-09. The assessment led to the imposition of a penalty under Section 271(1)(c) of the Income Tax Act for alleged concealment of income and furnishing inaccurate particulars of income. The appellant contested the penalty before the Income Tax Appellate Tribunal (ITAT), arguing that the issues were debatable and the penalty was unjustified.
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, Senior Departmental Representative (DR). The primary arguments centered on whether the penalty under Section 271(1)(c) was justified given the debatable nature of the issues and whether the penalty notices were valid.
The tribunal, consisting of 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) was not sustainable due to the debatable nature of the issues and the lack of specific charges in the penalty notices. The penalties imposed by the AO and confirmed by the CIT(A) were ordered to be deleted. 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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