THE COMMISSIONER OF INCOME TAX - INTERNATIONAL TAXATION -1 vs. GE ENGINE SERVICE-TRI REMANUFACTURING INC
What did the High Court hold?
The High Court disposed of the appeal in terms of a previous order, stating that the ruling of the Supreme Court in the pending appeal would also apply to the present case. The parties agreed to this course of action.
What were the facts?
The Revenue appealed against the levy of interest under Section 234B. The High Court noted that this issue was covered by a previous judgment of the same court, which was under appeal before the Supreme Court.
What were the issues?
Whether interest under Section 234B was leviable in the given circumstances, considering a prior High Court ruling on the same issue.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
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- DIT v. GE Packaged Power Inc.199 citing373 ITR 65 · 2015 · HC
$~22 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 1200/2018 THE COMMISSIONER OF INCOME TAX - INTERNATIONAL TAXATION -1 ..... Appellant
Through: Mr. Ruchir Bhatia, Advocate.
versus
GE ENGINE SERVICE-TRI REMANUFACTURING INC ..... Respondent Through: Mr. Rohit Garg and Mr. Aarush Bhatia, Advocates.
CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R %
02.11.2018 CM No. 45445/2018
Exemption allowed subject to all just exceptions.
CM No. 45446/2018 Delay in refiling is not opposed by the respondent-assessee. Accordingly, the application for condonation of delay is allowed. ITA 1200/2018 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 these appeals 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. The 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.
SANJIV KHANNA, J.
ANUP JAIRAM BHAMBHANI, J. NOVEMBER 02, 2018 MR
More judgments on Section 234B
- Vikas Ashokkumar Masand, Ahmedabad vs The Dy. Commissioner of Income Tax…ITA 3130/AHD/2026[A.Y. 2017-18]Status: Disposed19 Oct 2026
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Sarvjeet Singh Through Legal Heir Manjit… vs ITO Ward 1(1), AlwarITA 355/JPR/2025[2013-14]Status: Disposed16 Oct 2026AY 2013-14
- Parthasaradhi Mutually Aided Co-Operative… vs Income-Tax Officer, Ward-17(1), HyderabadITA 2322/HYD/2026[AY 2016-17]Status: Disposed16 Oct 2026
- Cornerstone Ondemand International Limited… vs Assistant Commissioner of Income Tax…ITA 2128/MUM/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
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