Full Text
ITA 605/2018 & CM APPL. 21057-21059/2018
THE COMMISSIONER OF INCOME TAX - INTERNATIONAL
TAXATION-1 Appellant
THE PR.COMMISSIONER OF INCOME TAX - (INTERNATIONAL TAXATION)-1 Appellant
TAXATION-1 • Appellant
THE PR.COMMISSIONER OF ESICOME TAX -
(INTERNATIONAL TAXATION) -1
Appellant Respondent Page 1 of4 2018:DHC:8725-DB
TAXATION -1 Appellant
TAXATION-1 . Appellant
THE COMMISSIONER OF INCOME TAX - (INTERNATIONAL
TAXATION)-1 Appellant
(INTERNATIONAL TAXATION) -1 Appellant
THE PR.COMMISSIONER OF INCOME TAX -1 (INTERNATIONAL TAXATION) . Appellant
Mr. Sachit Jolly and Mr. A. Bhatia, Advocates for respondent in all the matters.
HON'BLE MR. JUSTICE A. K. CHAWLA ITA 605/20IS & connected matters Page 3 of4
21.05.2018 The sole question of law urged by the Revenue is with respect to the interest levied under Section 234-B of the Income Tax Act,
ORDER
1961. This issue is covered in the assessee's favour and against the Revenue by the judgment of this Court in 'Director ofIncome-Tax (International Taxation) vs. GE Packaged Power Inc.', (2015) 373 ITR 65 (Delhi). ^ It appears that the Revenue has appealed further to the Supreme Court and that its appeals are pending since leave has been granted. In these circumstances, the Court is of the opinion that the previous ruling in the assessee's case, would bind it. The ITAT did not commit any error in following that previous order of this Court. However, it is also clarified that in any event, the parties shall be finally bound on the question of law by the judgment/ruling of the Supreme Court in the pending batch of appeals and the special leave petitions. The appeals are consequently dismissed subject to the above observations. 'm
S. RAVINDRA BHAT, J