DIT v. GE Packaged Power Inc.

Mr. J.S. Gujral, Gurgaon vs. DCIT, New Delhi

Bench: Shri G.S. Pannu & Shri Amit Shukla(Through Video Conferencing) Assessment Year 2005-06

…the Ld. Counsel also challenged the action of Ld. AO in levying interest u/s 234B of the Act. In this regard it was submitted that income in dispute is tax deductible and therefore, as per decision of Hon’ble Delhi High Court in GE Packaged Power reported in 373 ITR 65 (Del) interest u/s 234B cannot be levied. 10. On the other hand, Ld. Sr. DR vehemently opposed the above argument of the Ld. Counsel and submitted that the Ld. AO has correctly assumed jurisdiction to re-assess u/s 147 of the Act. He submitted that the order passed by Ld. CIT (A) in the case of M/s SGS was an information “material” enough justify…

M/S. Gracemac Corporation, Gurgaon vs. ADIT, New Delhi

In the result, all the appeals of the assessee ITA No

Bench: Shri N.K. Billaiya & Shri K. N Chary

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘D’ BENCH, NEW DELHI [THROUGH VIDEO CONFERENCE] BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND SHRI K. N CHARY, JUDICIAL MEMBER ITA No. 5233/DEL/2010 [A.Y 2007-08] ITA No. 945/DEL/2012 [A.Y 2006-07] ITA No. 946/DEL/2012 [A.Y 2005-06] ITA No. 947/DEL/2012 [A.Y 2006-07] Gracemac Corporation Vs. The Dy D.I.T [Now amalgated with MOL Corporation Circle 1(2) S.R. Batliboi & Co. New Delhi Golf View Corporate, Tower B Sector – 42, Sector Road, Gurgaon, Haryana PAN: AABCG 8458 N [Appellant] [Respondent] Assessee by : Shri Nageshwar Rao, Adv Revenue by : Shri Satpal G…

M/S. Gracemac Corporation, Gurgaon vs. ADIT, New Delhi

In the result, all the appeals of the assessee ITA No

Bench: Shri N.K. Billaiya & Shri K. N Chary

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘D’ BENCH, NEW DELHI [THROUGH VIDEO CONFERENCE] BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND SHRI K. N CHARY, JUDICIAL MEMBER ITA No. 5233/DEL/2010 [A.Y 2007-08] ITA No. 945/DEL/2012 [A.Y 2006-07] ITA No. 946/DEL/2012 [A.Y 2005-06] ITA No. 947/DEL/2012 [A.Y 2006-07] Gracemac Corporation Vs. The Dy D.I.T [Now amalgated with MOL Corporation Circle 1(2) S.R. Batliboi & Co. New Delhi Golf View Corporate, Tower B Sector – 42, Sector Road, Gurgaon, Haryana PAN: AABCG 8458 N [Appellant] [Respondent] Assessee by : Shri Nageshwar Rao, Adv Revenue by : Shri Satpal G…

M/S. Gracemac Corporation, Gurgaon vs. ADIT, New Delhi

In the result, all the appeals of the assessee ITA No

Bench: Shri N.K. Billaiya & Shri K. N Chary

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘D’ BENCH, NEW DELHI [THROUGH VIDEO CONFERENCE] BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND SHRI K. N CHARY, JUDICIAL MEMBER ITA No. 5233/DEL/2010 [A.Y 2007-08] ITA No. 945/DEL/2012 [A.Y 2006-07] ITA No. 946/DEL/2012 [A.Y 2005-06] ITA No. 947/DEL/2012 [A.Y 2006-07] Gracemac Corporation Vs. The Dy D.I.T [Now amalgated with MOL Corporation Circle 1(2) S.R. Batliboi & Co. New Delhi Golf View Corporate, Tower B Sector – 42, Sector Road, Gurgaon, Haryana PAN: AABCG 8458 N [Appellant] [Respondent] Assessee by : Shri Nageshwar Rao, Adv Revenue by : Shri Satpal G…

Gracemac Corporation, Gurgaon vs. ADIT, New Delhi

In the result, all the appeals of the assessee ITA No

Bench: Shri N.K. Billaiya & Shri K. N Chary

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘D’ BENCH, NEW DELHI [THROUGH VIDEO CONFERENCE] BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND SHRI K. N CHARY, JUDICIAL MEMBER ITA No. 5233/DEL/2010 [A.Y 2007-08] ITA No. 945/DEL/2012 [A.Y 2006-07] ITA No. 946/DEL/2012 [A.Y 2005-06] ITA No. 947/DEL/2012 [A.Y 2006-07] Gracemac Corporation Vs. The Dy D.I.T [Now amalgated with MOL Corporation Circle 1(2) S.R. Batliboi & Co. New Delhi Golf View Corporate, Tower B Sector – 42, Sector Road, Gurgaon, Haryana PAN: AABCG 8458 N [Appellant] [Respondent] Assessee by : Shri Nageshwar Rao, Adv Revenue by : Shri Satpal G…

Amadeus It Group Sa, New Delhi vs. DCIT (International Taxation), New Delhi

In the result, all the appeals of the assessee are allowed

Bench: Ms. Sushma Chowladr. B. R. R. Kumar(Through Video Conferencing) Ita No. 4906/Del/2010 : Asstt. Year : 2007-08 Amadeus It Group Sa, Vs Asstt. Dit, C/O-Vaish Associates, Advocate, Circle-1(1), 10, Hailey Road, Dakshineshwar International Taxation, Building, Flat No. 5-7, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aafca9629P Ita No. 5150/Del/2011 : Asstt. Year : 2008-09 Ita No. 60/Del/2013 : Asstt. Year : 2009-10 Amadeus It Group Sa, Vs Addl. Dit, C/O-Vaish Associates, Advocate, Range-1, 10, Hailey Road, Dakshineshwar International Taxation, Building, Flat No. 5-7, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aafca9629P Ita No. 1824/Del/2014 : Asstt. Year : 2010-11 Amadeus It Group Sa, Vs Ddit, C/O-Vaish Associates, Advocate, Circle-1, 1St Floor, Mohan Dev Building, International Taxation, 13, Tolstoy Marg, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aafca9629P

…val contention and perused the orders of the lower authorities the issue squarely covered in favour of the assessee by the decision of the Hon’ble Delhi High Court in the case of DIT Vs GE Packaged Power ITA No. 1204/Del/2015 Amadeus IT Group SA Incorporation 373 ITR 65. The amendment brought into the Act by the Finance Act 2012 is applicable with effect from the fund of 2012 and is applicable from assessment year 2013-14. In view of this we direct the learned Assessing Officer to not to charge interest u/s 234B of the Income Tax Act for the above reasons.” 34. In the absence of any material change in the facts…

Amadeus It Group Sa, New Delhi vs. DCIT, New Delhi

In the result, all the appeals of the assessee are allowed

Bench: Ms. Sushma Chowladr. B. R. R. Kumar(Through Video Conferencing) Ita No. 4906/Del/2010 : Asstt. Year : 2007-08 Amadeus It Group Sa, Vs Asstt. Dit, C/O-Vaish Associates, Advocate, Circle-1(1), 10, Hailey Road, Dakshineshwar International Taxation, Building, Flat No. 5-7, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aafca9629P Ita No. 5150/Del/2011 : Asstt. Year : 2008-09 Ita No. 60/Del/2013 : Asstt. Year : 2009-10 Amadeus It Group Sa, Vs Addl. Dit, C/O-Vaish Associates, Advocate, Range-1, 10, Hailey Road, Dakshineshwar International Taxation, Building, Flat No. 5-7, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aafca9629P Ita No. 1824/Del/2014 : Asstt. Year : 2010-11 Amadeus It Group Sa, Vs Ddit, C/O-Vaish Associates, Advocate, Circle-1, 1St Floor, Mohan Dev Building, International Taxation, 13, Tolstoy Marg, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aafca9629P

…val contention and perused the orders of the lower authorities the issue squarely covered in favour of the assessee by the decision of the Hon’ble Delhi High Court in the case of DIT Vs GE Packaged Power ITA No. 1204/Del/2015 Amadeus IT Group SA Incorporation 373 ITR 65. The amendment brought into the Act by the Finance Act 2012 is applicable with effect from the fund of 2012 and is applicable from assessment year 2013-14. In view of this we direct the learned Assessing Officer to not to charge interest u/s 234B of the Income Tax Act for the above reasons.” 34. In the absence of any material change in the facts…

Amadeus It Group Sa., New Delhi vs. DDIT, New Delhi

In the result, all the appeals of the assessee are allowed

Bench: Ms. Sushma Chowladr. B. R. R. Kumar(Through Video Conferencing) Ita No. 4906/Del/2010 : Asstt. Year : 2007-08 Amadeus It Group Sa, Vs Asstt. Dit, C/O-Vaish Associates, Advocate, Circle-1(1), 10, Hailey Road, Dakshineshwar International Taxation, Building, Flat No. 5-7, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aafca9629P Ita No. 5150/Del/2011 : Asstt. Year : 2008-09 Ita No. 60/Del/2013 : Asstt. Year : 2009-10 Amadeus It Group Sa, Vs Addl. Dit, C/O-Vaish Associates, Advocate, Range-1, 10, Hailey Road, Dakshineshwar International Taxation, Building, Flat No. 5-7, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aafca9629P Ita No. 1824/Del/2014 : Asstt. Year : 2010-11 Amadeus It Group Sa, Vs Ddit, C/O-Vaish Associates, Advocate, Circle-1, 1St Floor, Mohan Dev Building, International Taxation, 13, Tolstoy Marg, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aafca9629P

…val contention and perused the orders of the lower authorities the issue squarely covered in favour of the assessee by the decision of the Hon’ble Delhi High Court in the case of DIT Vs GE Packaged Power ITA No. 1204/Del/2015 Amadeus IT Group SA Incorporation 373 ITR 65. The amendment brought into the Act by the Finance Act 2012 is applicable with effect from the fund of 2012 and is applicable from assessment year 2013-14. In view of this we direct the learned Assessing Officer to not to charge interest u/s 234B of the Income Tax Act for the above reasons.” 34. In the absence of any material change in the facts…

Amadeus It Group Sa, New Delhi vs. Addl. DIT, New Delhi

In the result, all the appeals of the assessee are allowed

Bench: Ms. Sushma Chowladr. B. R. R. Kumar(Through Video Conferencing) Ita No. 4906/Del/2010 : Asstt. Year : 2007-08 Amadeus It Group Sa, Vs Asstt. Dit, C/O-Vaish Associates, Advocate, Circle-1(1), 10, Hailey Road, Dakshineshwar International Taxation, Building, Flat No. 5-7, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aafca9629P Ita No. 5150/Del/2011 : Asstt. Year : 2008-09 Ita No. 60/Del/2013 : Asstt. Year : 2009-10 Amadeus It Group Sa, Vs Addl. Dit, C/O-Vaish Associates, Advocate, Range-1, 10, Hailey Road, Dakshineshwar International Taxation, Building, Flat No. 5-7, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aafca9629P Ita No. 1824/Del/2014 : Asstt. Year : 2010-11 Amadeus It Group Sa, Vs Ddit, C/O-Vaish Associates, Advocate, Circle-1, 1St Floor, Mohan Dev Building, International Taxation, 13, Tolstoy Marg, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aafca9629P

…val contention and perused the orders of the lower authorities the issue squarely covered in favour of the assessee by the decision of the Hon’ble Delhi High Court in the case of DIT Vs GE Packaged Power ITA No. 1204/Del/2015 Amadeus IT Group SA Incorporation 373 ITR 65. The amendment brought into the Act by the Finance Act 2012 is applicable with effect from the fund of 2012 and is applicable from assessment year 2013-14. In view of this we direct the learned Assessing Officer to not to charge interest u/s 234B of the Income Tax Act for the above reasons.” 34. In the absence of any material change in the facts…

Amadeus It Group Sa, New Delhi vs. Addl. DIT, New Delhi

In the result, all the appeals of the assessee are allowed

Bench: Ms. Sushma Chowladr. B. R. R. Kumar(Through Video Conferencing) Ita No. 4906/Del/2010 : Asstt. Year : 2007-08 Amadeus It Group Sa, Vs Asstt. Dit, C/O-Vaish Associates, Advocate, Circle-1(1), 10, Hailey Road, Dakshineshwar International Taxation, Building, Flat No. 5-7, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aafca9629P Ita No. 5150/Del/2011 : Asstt. Year : 2008-09 Ita No. 60/Del/2013 : Asstt. Year : 2009-10 Amadeus It Group Sa, Vs Addl. Dit, C/O-Vaish Associates, Advocate, Range-1, 10, Hailey Road, Dakshineshwar International Taxation, Building, Flat No. 5-7, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aafca9629P Ita No. 1824/Del/2014 : Asstt. Year : 2010-11 Amadeus It Group Sa, Vs Ddit, C/O-Vaish Associates, Advocate, Circle-1, 1St Floor, Mohan Dev Building, International Taxation, 13, Tolstoy Marg, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aafca9629P

…val contention and perused the orders of the lower authorities the issue squarely covered in favour of the assessee by the decision of the Hon’ble Delhi High Court in the case of DIT Vs GE Packaged Power ITA No. 1204/Del/2015 Amadeus IT Group SA Incorporation 373 ITR 65. The amendment brought into the Act by the Finance Act 2012 is applicable with effect from the fund of 2012 and is applicable from assessment year 2013-14. In view of this we direct the learned Assessing Officer to not to charge interest u/s 234B of the Income Tax Act for the above reasons.” 34. In the absence of any material change in the facts…

Amadeus It Group Sa, New Delhi vs. ADIT, New Delhi

In the result, all the appeals of the assessee are allowed

Bench: Ms. Sushma Chowladr. B. R. R. Kumar(Through Video Conferencing) Ita No. 4906/Del/2010 : Asstt. Year : 2007-08 Amadeus It Group Sa, Vs Asstt. Dit, C/O-Vaish Associates, Advocate, Circle-1(1), 10, Hailey Road, Dakshineshwar International Taxation, Building, Flat No. 5-7, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aafca9629P Ita No. 5150/Del/2011 : Asstt. Year : 2008-09 Ita No. 60/Del/2013 : Asstt. Year : 2009-10 Amadeus It Group Sa, Vs Addl. Dit, C/O-Vaish Associates, Advocate, Range-1, 10, Hailey Road, Dakshineshwar International Taxation, Building, Flat No. 5-7, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aafca9629P Ita No. 1824/Del/2014 : Asstt. Year : 2010-11 Amadeus It Group Sa, Vs Ddit, C/O-Vaish Associates, Advocate, Circle-1, 1St Floor, Mohan Dev Building, International Taxation, 13, Tolstoy Marg, New Delhi New Delhi-110001 (Appellant) (Respondent) Pan No. Aafca9629P

…val contention and perused the orders of the lower authorities the issue squarely covered in favour of the assessee by the decision of the Hon’ble Delhi High Court in the case of DIT Vs GE Packaged Power ITA No. 1204/Del/2015 Amadeus IT Group SA Incorporation 373 ITR 65. The amendment brought into the Act by the Finance Act 2012 is applicable with effect from the fund of 2012 and is applicable from assessment year 2013-14. In view of this we direct the learned Assessing Officer to not to charge interest u/s 234B of the Income Tax Act for the above reasons.” 34. In the absence of any material change in the facts…

Aspect Software Inc., New Delhi vs. DCIT (International Taxation), Circle-1(1)(1), New Delhi

In the result, both the appeals of the assessee in ITA No

Bench: Ms. Sushma Chowlashri N.K. Billaiya

…1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘C’ BENCH, NEW DELHI [THROUGH VIDEO CONFERENCE] BEFORE MS. SUSHMA CHOWLA, VICE PRESIDENT SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER ITA No. 7698/DEL/2017 [A.Y 2014-15] ITA No. 8276/DEL/2018 [A.Y 2015-16] Aspect Software Inc Vs. The Dy. C.I.T Rashmi Chopra & Associates Circle – 1(1)(1) C- 56, Nizamuddin [East] International Taxation New Delhi PAN: AAGCA 7513 D (Applicant) (Respondent) Assessee By : Ms. Rashmi Chopra, Sr. Adv Shri Aditya Vohra, Adv Shri Arpit Goyal, CA Department By : Shri Satpal Gulati, Sr. DR Date of Hearing : 18.06.2020 Date of Pronouncem…

Aspect Software Inc., Usa vs. DCIT, Circle- 1(1)(1), Intl. Taxation, New Delhi

In the result, both the appeals of the assessee in ITA No

Bench: Ms. Sushma Chowlashri N.K. Billaiya

…1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI ‘C’ BENCH, NEW DELHI [THROUGH VIDEO CONFERENCE] BEFORE MS. SUSHMA CHOWLA, VICE PRESIDENT SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER ITA No. 7698/DEL/2017 [A.Y 2014-15] ITA No. 8276/DEL/2018 [A.Y 2015-16] Aspect Software Inc Vs. The Dy. C.I.T Rashmi Chopra & Associates Circle – 1(1)(1) C- 56, Nizamuddin [East] International Taxation New Delhi PAN: AAGCA 7513 D (Applicant) (Respondent) Assessee By : Ms. Rashmi Chopra, Sr. Adv Shri Aditya Vohra, Adv Shri Arpit Goyal, CA Department By : Shri Satpal Gulati, Sr. DR Date of Hearing : 18.06.2020 Date of Pronouncem…

DCIT (International Taxation), New Delhi vs. M/S Alcatel Lucent France, New Delhi

In the result, the appeal of the Revenue is dismissed and the Cross Objection of the assessee is allowed

Bench: Shri Amit Shukla & Shri B.R.R. Kumar

…ase which has also been confirmed by the Hon’ble High Court. Further in the case of issue of interest as raised in Cross Objection, same is also covered by the decision of Hon’ble Jurisdictional High Court in the case of DIT vs. GE Packaged Power Inc., (2015) 373 ITR 65 (Del.) 3. The facts in brief are that the assessee is a company incorporated under the laws of France and is a tax resident of France in terms of Article 4 of the Double Taxation Avoidance Agreement (“DTAA”) entered between Indian and France. 3 I.T.As. No.1852/DEL/2016 & CO No.214/DEL/2016 Further, ALU is a group company of the Alcatel Lucent…

Geopetrol International Inc., New Delhi vs. ADIT, New Delhi

The appeal of the assessee is allowed

Bench: Ms Suchitra Kamble & Shri Prashant Maharishii.T.A. No. 1874/Del/2015 (A.Y. 2011-12)

…bility u/s 234B of the Act could not be fastened upon the assessee. The Ld. AR relied upon the decisions of the Hon’ble Delhi High Court in case of DIT vs. Jacabs Civil Incorporated 330 ITR 578 (Del.) as well as the DIT (Intl. Tax.) vs. GE Packaged Power Inc. 373 ITR 65 (Del.). 6. The Ld. DR relied upon the Assessment Order and the order of the CIT(A). 7. We have heard both the parties and perused all there relevant material available on record. In the present case, it is an undisputed fact that the assessee is a foreign company and the entire revenue/income of the assessee came from Indian Oil Corporation (AOD…

DCIT (International Taxation), New Delhi vs. M/S Alcatel Lucent France, New Delhi

In the result, all the appeals of the Revenue are dismissed and the Cross Objections by the assessee are allowed

Bench: Shri Amit Shukla & Shri B.R.R. Kumar

…ed in favour of the assessee by the Tribunal and also affirmed by the Hon’ble Delhi High Court. Moreover 6 I.T.A. No.296/DEL/2016 this issue now stands covered by the judgment of Hon’ble Delhi High Court in the case of DIT vs. GE Packaged Power Inc., (2015) 373 ITR 65, wherein the Hon’ble High Court has held that, since assessee was a non-resident company and the entire tax was to be deducted at source on payments made by the payee to it, therefore, there was no question of payment of advance tax by the assessee, hence Revenue could not charge any interest u/s.234B. Moreover, on the issue of software royalty al…

DCIT (International Taxation), New Delhi vs. M/S Alcatel Lucent Enterprises, New Delhi

In the result, all the appeals of the Revenue are dismissed and the Cross Objections by the assessee are allowed

Bench: Shri Amit Shukla & Shri B.R.R. Kumar

…ed in favour of the assessee by the Tribunal and also affirmed by the Hon’ble Delhi High Court. Moreover 6 I.T.A. No.296/DEL/2016 this issue now stands covered by the judgment of Hon’ble Delhi High Court in the case of DIT vs. GE Packaged Power Inc., (2015) 373 ITR 65, wherein the Hon’ble High Court has held that, since assessee was a non-resident company and the entire tax was to be deducted at source on payments made by the payee to it, therefore, there was no question of payment of advance tax by the assessee, hence Revenue could not charge any interest u/s.234B. Moreover, on the issue of software royalty al…

DCIT (International Taxation), New Delhi vs. M/S Alcatel Lucent Bell Nv, New Delhi

In the result, all the appeals of the Revenue are dismissed and the Cross Objections by the assessee are allowed

Bench: Shri Amit Shukla & Shri B.R.R. Kumar

…ed in favour of the assessee by the Tribunal and also affirmed by the Hon’ble Delhi High Court. Moreover 6 I.T.A. No.296/DEL/2016 this issue now stands covered by the judgment of Hon’ble Delhi High Court in the case of DIT vs. GE Packaged Power Inc., (2015) 373 ITR 65, wherein the Hon’ble High Court has held that, since assessee was a non-resident company and the entire tax was to be deducted at source on payments made by the payee to it, therefore, there was no question of payment of advance tax by the assessee, hence Revenue could not charge any interest u/s.234B. Moreover, on the issue of software royalty al…

Hitachi High- Technologies (Singapore) Pte Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeals of the assessee in ITA Nos

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble

…s made to it under section 195 of the Act. Since tax was deductible at source on all the payments made to Appellant, no advance tax was payable as per the provisions of the Act. 98. The Hon'ble Delhi High Court in the case of DIT v. GE Packaged Power Inc. 373 ITR 65 wherein the High Court held that no interest under section 234B of the Act can be levied on the assessee-payee on the ground of non-payment of advance tax because the obligation was upon the payer to deduct the tax at source before making remittances to them. 99. Amendment to the provisions have been brought by the Finance Act, 2012, w.e.f. 1.…

The Bank of Tokyo Mistubishi Ufj Ltd., New Delhi vs. DCIT (International Taxation), New Delhi

In the result, the appeal of the assessee in ITA No

Bench: Shri N.K. Billaiya & Shri Amit Shukla[A.Y 2007-08]

…he Act is not applicable since ECB interest received by the assessee from the borrowers is subject to tax deduction at source under section 195 of the Act. Reliance is placed on the judgment of the Delhi High Court in the case of GE Packaged Power Inc. [2015] 373 ITR 65 wherein it has been held by the Delhi High Court that no interest under section 234B of the Act can be levied where the payment to non-resident payee is subject to tax deduction at source. 24. The Id. CIT [DR], on the other hand, contended that ECB interest has been earned by the HO/other overseas branches of the assessee from third party. Such E…