THE COMMISSIONER OF INCOME TAX - INTERNATIONAL TAXATION -1 vs. GE CANADA COMPANY

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ITA/1394/2018HC DelhiDLHC01071759201805 December 2018Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court disposed of the appeal in terms of a previous order, acknowledging that the Supreme Court's decision on a similar matter would apply. The court clarified that this order would not affect other appeals filed by the assessee.

What were the facts?

The Revenue appealed against an ITAT order concerning the levy of interest under Section 234B. The issue was covered by a previous High Court judgment against the Revenue, which was then pending before the Supreme Court.

What were the issues?

Whether interest under Section 234B was correctly levied, and the applicability of a Supreme Court decision on a similar issue.

Which sections of the Income-tax Act were involved?

Section 234B,Section 158A,Section 158AA

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$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1394/2018 THE COMMISSIONER OF INCOME TAX - INTERNATIONAL TAXATION -1 ..... Appellant Through: Mr.Ruchir Bhatia, Adv. versus GE CANADA COMPANY ..... Respondent Through: Mr.Rohit Garg and Mr.Aarush Bhatia, Advs. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 05.12.2018 CM APPL. 50883/2018 Allowed, subject to all just exceptions. CM APPL. 50884/2018 Counsel for the assessee does not oppose the application. The delay of 240 days in re-filing the appeal is condoned. Application is allowed. ITA 1394/2018 Counsel for the parties state that the present appeal may be disposed of in terms of the order dated 01.06.2018 passed in ITA No. 661/2018, The Pr. Commissioner of Income Tax-1 (International Taxation) vs. General Electric Power Systems INC. It is stated that this would be in consonance with Sections 158A and 158AA of the Income Tax Act, 1961, though these

provisions are not strictly applicable. 2. The question raised by the Revenue in this appeal relates to levy of interest under Section 234B of the Income Tax Act, 1961 which issue is covered against them vide the judgment of this Court in ‘Director of Income Tax (International Taxation) vs. GE Packaged Power Inc.’, (2015) 373 ITR 65 (Delhi). 3. Appeal against the said decision is pending before the Supreme Court as special leave to appeal has been granted. 4. Counsel for the parties state that the ruling by the Supreme Court would equally apply to the present appeal. Recording the above, the appeal is disposed of. 5. In case, of any difficulty it will be open to the parties to file an application in this appeal after the decision of the Supreme Court. 6. We also clarify that the assessee has preferred an appeal impugning the order passed by the Income Tax Appellate Tribunal on certain aspects, unconnected with the issue in the present appeal. We make no comment in that regard. This order would not impact and affect the said appeal. SANJIV KHANNA, J. ANUP JAIRAM BHAMBHANI, J. DECEMBER 05, 2018/neelam

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