THE COMMISSIONER OF INCOME TAX - INTERNATIONAL TAXATION -3 vs. RAYTHEON COMPANY

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ITA/51/2024HC DelhiDLHC01050919202222 January 2024Bench: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV,HON'BLE MR. JUSTICE YASHWANT VARMA1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court of Delhi held that the issues arising from the order of the Income Tax Appellate Tribunal are concluded against the Revenue. This conclusion is based on the concession made by the Revenue's counsel, who acknowledged that the Supreme Court's judgment in Director of Income-Tax, New Delhi vs. Mitsubishi Corporation [2021 SCC OnLine SC 736] resolves the matter in favor of the assessee. The reasoning is that the Supreme Court's precedent is binding. Therefore, the appeal filed by the Revenue is dismissed. No specific relief is granted to the assessee as the appeal is dismissed. No issues were left undecided.

What were the facts?

This case involves an appeal by the Commissioner of Income Tax - International Taxation - 3 (the Revenue) against an order of the Income Tax Appellate Tribunal (ITAT). The assessee is Raytheon Company. The specific assessment year(s) are not mentioned in the provided text. The Revenue is challenging the decision of the ITAT, which had ruled against them. The appeal is filed before the High Court of Delhi. The Revenue's counsel conceded that the issues in dispute are concluded against them based on a Supreme Court judgment.

What were the issues?

1. Whether the issues arising from the order of the Income Tax Appellate Tribunal stand concluded against the Revenue in light of the Supreme Court judgment in Director of Income-Tax, New Delhi vs. Mitsubishi Corporation [2021 SCC OnLine SC 736]? (Question of law). Assessee's Contentions: The judgment does not record any specific contentions made by the assessee. The appeal is decided based on the concession made by the Revenue. Revenue's Contentions: The Revenue, through its learned counsel, conceded that the issues arising from the ITAT's order are concluded against them in view of the Supreme Court's decision in Director of Income-Tax, New Delhi vs. Mitsubishi Corporation [2021 SCC OnLine SC 736].

AI-generated summary — verify with the full judgment below

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 51/2024 & CM APPL. 3710/2024

THE COMMISSIONER OF INCOME TAX -

INTERNATIONAL TAXATION -3 ..... Appellant Through: Mr. Ruchir Bhatia, Sr. Standing Counsel with Ms. Deeksha Gupta, Advs.

versus

RAYTHEON COMPANY

..... Respondent Through: Mr. Nageswar Rao and Ms. Viyushti Rawat, Advs.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR

KAURAV

O R D E R %

22.01.2024 Mr. Bhatia, learned counsel representing the appellant fairly concedes that the issues which arise from the order of the Income Tax Appellate Tribunal stand concluded against the Revenue in light of the judgment rendered by the Supreme Court in Director of Income-Tax, New Delhi vs. Mitsubishi Corporation [2021 SCC OnLine SC 736]. In view of the aforesaid, the appeal along with pending application shall stand dismissed.

YASHWANT VARMA, J.

PURUSHAINDRA KUMAR KAURAV, J. JANUARY 22, 2024/neha This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/06/2024 at 14:42:57

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