2018 (3) TMI 2057 - HC - Income Tax

Penalty u/s 271(1)(c) - determination of Arm s Length Price (ALP) under Section 92C - scope of debatable issue - ITAT deleted penalty - HELD THAT - Having regard to the overall circumstances the Tribunal s reasoning that the question was debatable (more so since the original amounts added were reduced by the CIT(A) and further affirmed by the Tribunal) is reasonable. In the circumstances no question of law arises.

Summary

The Delhi High Court, through Justices S. Ravindra Bhat and A. K. Chawla, dismissed the Revenue's appeal challenging the Tribunal's deletion of penalty imposed under Section 271(1)(c) of the Income Tax Act, 1961. The penalty related to an addition of Rs. 83,88,635/- made during the determination of Arm's Length Price (ALP) under Section 92C and Rule 10B. The Revenue contended that the Tribunal erred by ignoring Explanation 7 to Section 271(1)(c). However, the Court upheld the Tribunal's view that the issue was debatable, especially since the original addition was reduced by the Commissioner of Income Tax (Appeals) and affirmed by the Tribunal. The Court held that "no question of law arises," and dismissed the appeal and pending application.