Facts of the Case
- The
Revenue filed multiple appeals against various General Electric group
entities and related foreign companies.
- The
core dispute across all appeals related to the levy of interest under
Section 234B on non-resident assessees.
- The
Income Tax Appellate Tribunal (ITAT) had ruled in favour of the assessees
by following earlier Delhi High Court judgments.
- The Revenue challenged the ITAT orders before the Delhi High Court.
Issues Involved
- Whether
interest under Section 234B of the Income Tax Act, 1961 is leviable on
non-resident assessees.
- Whether the ITAT was justified in following the earlier binding precedent of the Delhi High Court.
Petitioner’s Arguments (Revenue)
- The
Revenue contended that interest under Section 234B should be levied on the
assessees.
- It
challenged the correctness of the ITAT’s reliance on earlier High Court
judgments.
- It was also indicated that similar matters were pending before the Supreme Court.
Respondent’s Arguments (Assessee)
- The
assessees relied on the binding precedent of the Delhi High Court in:
- Director
of Income Tax (International Taxation) vs GE Packaged Power Inc.
(2015) 373 ITR 65 (Delhi)
- It
was argued that the issue is already settled in favour of non-residents
where tax is deductible at source.
- Therefore, no interest under Section 234B is leviable.
Court’s Findings / Order
- The
Court held that:
- The
issue is squarely covered in favour of the assessees by earlier
judgment of the Delhi High Court.
- The
ITAT committed no error in following the binding precedent.
- Accordingly:
- All appeals filed by the Revenue were dismissed.
Important Clarification by Court
- The
Court clarified that:
- The
issue is pending before the Supreme Court.
- The final outcome will be governed by the Supreme Court’s decision in the pending batch of 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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