GE Capital US Holdings Inc. v. Deputy Commissioner of Income-tax (International Taxation)

468 ITR 746High Court2024#25077 most cited
3

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2025 to 2026.

Sections most often in play

Section 139(1)Section 143(3)Section 249(2)Section 270ASection 270A(9)Section 270AASection 274Section 43B

Issues it is cited on

section 270aasection 270a(2)section 270a(9)penalty u/s 270asection 270section 270asection 27section 143(3)nfac

Judgments citing GE Capital US Holdings Inc. v. Deputy Commissioner of Income-tax (International Taxation)

N.A.M. Expressway Limited, Delhi vs. DCIT, Circle-5(1), Hyderabad

In the result, the appeal filed by the assessee is allowed

ITA 2044/HYD/2025[2018-19]Status: DisposedITAT Hyderabad04 Mar 2026AY 2018-19

Bench: the due date provided for filing return of income u/s 139(1) of the Act, which attracts the provisions section 43B, however, the said amount 3

Section 139(1)Section 143(3)Section 270ASection 270A(9)Section 274Section 43B

…s defaults and the case of the assessee does not fall in any sub clause (a) to (f) of sub section (9) of section 270A of the Act. In this regard, he relied upon the decision of Hon’ble Delhi High Court in the case of GE Capital US Holdings inc.Vs. DCIT (2024) 468 ITR 746 (Delhi). 10. Learned counsel for the assessee, further referring to the assessment order passed by the AO and the consequent application filed by the assessee u/s 270AA dated 28.05.2021, submitted that the appellant has satisfied both the conditions specified u/s 270AA of the Act for immunity from imposition of penalty and also filed an applicat…

Rakesh Kumar Gupta, Delhi vs. Ld. ITO, Ward 35(1), Delhi

In the result, the appeal of the assessee is allowed

ITA 3447/DEL/2025[2021-22]Status: DisposedITAT Delhi27 Oct 2025AY 2021-22

Bench: Shri Anubhav Sharma & Shri Amitabh Shukla, Accountnat Member [Assessment Year: 2021-22] Rakesh Kumar Gupta, Income Tax Officer, Ward-35(1), B-2/38, Ground Floor, E-2, Civic Centre, Delhi-110002 Ashok Vihar, Phase-Ii, Vs Delhi-110052 Pan-Aafhr8657H Appellant Respondent

Section 115JSection 143Section 143(3)Section 148Section 250Section 270A

…laced reliance upon the order of lower authorities. 8. We have noted that the Hon’ble Delhi High Court has considered the issue at length in its decision in the case of GE Capital US Holdings Inc. v. Deputy Commissioner of Income-tax (International Taxation) 468 ITR 746(Del.). It has been concluded that the assessing authority is required to specify specific limb for which penalty is to be imposed. Thus, Hon’ble High Court held “......16. On a more fundamental plane, Mr. Jolly submitted that the notices which came to be issued by the respondents seeking to initiate action under Section 270A themselves are rende…

Atri Papers, Private Limited., Haridwar vs. ITO, Haridwar

In the result, the appeal of the assessee is allowed

ITA 123/DDN/2024[2017-18]Status: DisposedITAT Dehradun23 May 2025AY 2017-18

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishraिनधा"रणवष"/Assessment Year: 2017-18 बनाम Atri Papers Private Limited, Income Tax Officer, 7A, Sandesh Nagar, Vs. Knp-C, Haridwar, Kankhal, Haridwar, Uttarakhand. Uttarakhand. Pan No.Aafcp1500J अपीलाथ" Appellant ""यथ"/Respondent

Section 143(3)Section 270ASection 274

…iated, penalty notice was erroneous and arbitrary and the assessee was granted immunity u/s 270AA of the Act. 2 4. Ld. Counsel further submitted that the Hon’ble Delhi High Court in the case of GE Capital US Holdings Inc. Vs. DCIT (International Taxation) (468 ITR 746) a copy of which is placed at page 30 of the Paper Book submitted that similar view has been taken. Ld. Counsel also placed reliance on the decision of the coordinate bench of the Tribunal in the case of Mideast Integrated Steels Ltd. Vs. ACIT in ITA Nos. 4957 & 4956/Del/2024 dated 07.03.2025, wherein the Tribunal following the above decision o…