Commissioner of Income Tax (International Taxation)-3 v. Westin Hotel Management LP

Delhi High Court · 20 Nov 2023 · 2023:DHC:8472-DB
Rajiv Shakdher; Girish Kathpalia
ITA 633/2023
2023:DHC:8472-DB
tax appeal_dismissed

AI Summary

The Delhi High Court dismissed the income tax appeal for AY 2014-15 as the issue was covered by a binding coordinate bench judgment, with no substantial question of law arising.

Full Text
Translation output
ITA 633/2023
HIGH COURT OF DELHI
Decision delivered on: 20.11.2023
ITA 633/2023 & CM APPL. 59556/2023
COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-3 ..... Appellant
Through: Mr Ruchir Bhatia, Sr. Standing Counsel with Ms Deeksha Gupta, Adv.
VERSUS
WESTIN HOTEL MANAGEMENT LP ..... Respondent
Through: Mr Divyanshu Agrawal with Ms Pooja Mittal and Mr Vaibhav Niti, Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE GIRISH KATHPALIA [Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J. (ORAL):
JUDGMENT

1. This appeal concerns Assessment Year (AY) 2014-15.

2. Via the instant appeal, the appellant/revenue seeks to assail the order dated 30.07.2021 passed by the Income Tax Appellate Tribunal [in short, “Tribunal”].

3. Mr Bhatia does not dispute the fact that the issue raised in the instant appeal stands covered by the judgment of the coordinate bench rendered in Director of Income Tax v. Sheraton International Inc (2009) 178 taxman 84 (Del). ITA 633/2023

4. Given the aforesaid circumstances, according to us, no substantial question of law arises for our consideration. 4.[1] Accordingly, the appeal is closed.

5. Pending application shall also stand closed.

6. In view of the fact that the appellant/revenue has preferred an appeal qua the judgment rendered by the court in Sheraton International Inc, it is made clear that if the appellant/revenue were to succeed in the said matter, parties will abide by the final decision rendered by the Supreme Court.

RAJIV SHAKDHER (JUDGE)

GIRISH KATHPALIA (JUDGE) NOVEMBER 20, 2023 Click here to check corrigendum, if any