Counsel For The Parties State That The Present Appeal May Be Disposedof In Terms Of The Order Dated 01.06.2018 Passed In Ita v. Generalelectric Power Systems Inc. It Is Stated That This Would Be In Consonancewith Sections 158A And 158Aa Of The Income Tax Act, 1961, Though Theseprovisions

$~42 *IN THE HIGH COURT OF DELHI AT NEW DELHI+ITA 1392/2018THE COMMISSIONER OF INCOME TAX -1 (INTERNATIONALTAXATION)..... AppellantThrough:Mr.Ruchir Bhatia, Adv.versusGE TRANSPORTATION PARTS LLC..... RespondentThrough:Mr.Rohit Garg and Mr.Aarush Bhatia,Advs. CORAM: HON'BLE MR. JUSTICE SANJIV KHANNAHON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANIO R D E R%05.12.2018 CM APPL. 50879/2018 Allowed, subject to all just exceptions. CM APPL. 50880/2018 Counsel for the assessee does not oppose the application. The delay of240 days in re-filing the appeal is condoned. Application is allowed. ITA 1392/2018 Counsel for the parties state that the present appeal may be disposedof in terms of the order dated 01.06.2018 passed in ITA No. 661/2018, ThePr. Commissioner of Income Tax-1 (International Taxation) vs. GeneralElectric Power Systems INC. It is stated that this would be in consonancewith Sections 158A and 158AA of the Income Tax Act, 1961, though theseprovisions are not strictly applicable. 2. The question raised by the Revenue in this appeal relates to levy ofinterest under Section 234B of the Income Tax Act, 1961 which issue iscovered against them vide the judgment of this Court in ‘Director of Income Tax (International Taxation) vs. GE Packaged Power Inc.’, (2015) 373ITR 65 (Delhi). 3. Appeal against the said decision is pending before the Supreme Court asspecial leave to appeal has been granted. 4. Counsel for the parties state that the ruling by the Supreme Court wouldequally apply to the present appeal. Recording the above, the appeal isdisposed of. 5. In case, of any difficulty it will be open to the parties to file an applicationin this appeal after the decision of the Supreme Court. 6. We also clarify that the assessee has preferred an appeal impugning theorder passed by the Income Tax Appellate Tribunal on certain aspects,unconnected with the issue in the present appeal. We make no comment inthat regard. This order would not impact and affect the said appeal. SANJIV KHANNA, J. DECEMBER 05, 2018/neelam ANUP JAIRAM BHAMBHANI, J.