2022 (3) TMI 904

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.... order passed by the Tribunal is reproduced hereinbelow:- "14. On the aspect of interest under Section 234B, Ld. AR placed reliance on the decision of the Hon'ble Delhi High Court in the case of DIT Vs. GE Packages Power Inc. (2015) 373 ITR 0065 (Delhi). In this case, the Hon'ble High Court of Delhi preferred and followed its decision in the case of Director of Income Tax vs. Jacabs Civil Incorporated (2011) 330 ITR 0578 wherein it was held that Sec. 195 put an obligation on the payer i.e. any person responsible for paying any amount to a non-resident to deduct tax at source at the rates in force from such payments, thus, entire tax is to be deducted at source, which is payable on such payments made by the payer to the non-resident....

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....the provisions of Section 154 of the Income Tax Act. 3. Upon perusal of the impugned order, this Court finds that in the impugned order, the Tribunal has relied upon the judgment passed by this Court in Director of Income Tax vs. Jacabs Civil Incorporated (2011) 330 ITR 0578, which has been confirmed by the Supreme Court on 17th September, 2021 in Director of Income Tax, New Delhi vs. M/s Mitsubishi Corporation, Civil Appeal No.1262/2016. 4. This Court is also in agreement with the opinion of the Tribunal that the penalty can only be levied in such cases where concealment of income has been proven. If the quantum order itself has been set aside in an appeal preferred by the respondent/assessee, there is no question of penalty being le....