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Documents citing Ge Capital Services India vs Deputy Commissioner Of Income Tax on 25 August, 2006

Ge Capital Transportation Financial ... vs Asstt. Cit, Special Range 2 on 20 July, 2007

31. As regards ground No. 9, the Learned Counsel for the assessee has submitted before us that the issue raised therein relating to the disallowance made by the assessing officer and confirmed by the Learned Commissioner (Appeals) on account of interest paid on interest tax liability is squarely covered in favour of the assessee by the decision of Delhi "C" Bench of ITAT rendered in the case of GE Capital Services India v. Dy. CIT for assessment years 1995-96, 1996-97 and 1997-98 vide its common order dated 25-8-2006 in ITA No. 2038/Delhi/2002 and others. A copy of the said order is also filed by him in the paper book at page Nos. 35 to 57 and a perusal of the same reveals that a similar disallowance made; by the assessing officer and confirmed by the Learned Commissioner (Appeals) was deleted by the Tribunal holding that the interest charged on interest tax liability was not of penal nature. Respectfully following the said decision of the Tribunal, we set aside the impugned order of the Learned Commissioner (Appeals) confirming the disallowance made by the assessing officer on account of interest charged on interest tax liability and direct the assessing officer to delete the same. Ground No. 9 of the assessee's appeal is accordingly allowed.
Income Tax Appellate Tribunal - Delhi Cites 22 - Cited by 40 - Full Document

Tamil Nadu Newsprints And Papers ... vs Department Of Income Tax on 24 November, 2011

Here in the case before us, there is nothing on record shown by the Revenue for coming to a conclusion that the concerned non-resident 7 I.T.A. No.555 No.555/ 555/Mds/11 Mds/11 agents had rendered any services in India or had a residence or place of business or business connection in India. Assessee having found that income of the non-residents were not chargeable to tax in India was justified in making the remittances without any deduction of tax at source. It is fully supported in this regard by the decision of Hon'ble apex Court in the case of GE Technology Centre Pvt. Ltd (supra). We therefore, do not find any infirmity in the order of the Commissioner of Income Tax(A) in deleting the disallowance. Ground No.3 of the Revenue stands dismissed.
Income Tax Appellate Tribunal - Chennai Cites 13 - Cited by 0 - Full Document

Acit Circle-1, Agra vs Manufax India, Agra on 11 April, 2018

13. From the afore cited decision of the Hon'ble ITAT Hyderabad wherein the Hon'ble ITAT has duly interpreted the import and impact of the withdrawal of the circular, it is therefore observed that the said decision is squarely covering the issue in the present appeal, and on the basis of the same it is further observed that in the period post withdrawal of the I.T.A Nos. 434 & 446/Agra/2015 9 CBDT Circular, the provisions of section 5(2) and section 9 has not undergone any change.
Income Tax Appellate Tribunal - Agra Cites 41 - Cited by 1 - Full Document
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