Facts of the Case
The Revenue filed multiple appeals before the Delhi High
Court against various General Electric group entities and related foreign
companies. The central issue across all connected matters was the levy of
interest under Section 234B of the Income Tax Act, 1961.
The assessees were non-resident entities. The Revenue
contended that interest under Section 234B was applicable due to alleged
failure in payment of advance tax. However, the assessees relied on earlier
judgments of the Delhi High Court where it was held that such interest is not
leviable in similar circumstances.
The Income Tax Appellate Tribunal (ITAT) had ruled in favour of the assessees by following binding precedent.
Issues Involved
- Whether
interest under Section 234B of the Income Tax Act, 1961 is leviable on
non-resident assessees.
- Whether the ITAT erred in following earlier binding precedents of the Delhi High Court.
Petitioner’s (Revenue’s) Arguments
- The
Revenue argued that the assessees were liable to pay advance tax and
failure to do so attracted interest under Section 234B.
- It was contended that the ITAT incorrectly relied upon earlier decisions and failed to properly interpret the statutory provisions.
Respondent’s (Assessee’s) Arguments
- The
assessees contended that the issue was already settled in their favour by
the Delhi High Court in earlier judgments.
- They
argued that being non-residents, the obligation to deduct tax at source
lay on the payer, and therefore, liability under Section 234B could not be
imposed.
- The ITAT correctly followed binding judicial precedent and committed no error.
Court’s Findings / Order
- The
Delhi High Court held that the issue is squarely covered in favour of
the assessee by its earlier judgment in:
Director of Income Tax (International Taxation) vs GE Packaged Power Inc. (2015) 373 ITR 65 (Delhi) - The
Court observed:
- The
ITAT rightly followed the binding precedent.
- There
was no error in the ITAT’s decision.
- Consequently, all appeals filed by the Revenue were dismissed.
Important Clarification by Court
- The
Court clarified that:
- The
issue is pending before the Supreme Court where leave has already been
granted.
- The parties shall ultimately be bound by the final decision of the Supreme Court in the pending appeals and Special Leave Petitions.
Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2018:DHC:8726-DB/SRB01062018ITA6612018_145352.pdf
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