International Taxation v. Ge Transportation Parts Llc

$~43 IN THE HIGH COURT OF DELHI AT NEW DELHI+ITA 1367/2018 THE PR.COMMISSIONER OF INCOME TAX -1 (INTERNATIONAL TAXATION)..... Appellant Through:Mr. Ruchir Bhatia, Adv. versus GE TRANSPORTATION PARTS LLC ..... Respondent Through:Mr. Sachin Jolly, Adv. CORAM:HON'BLE MR. JUSTICE SANJIV KHANNAHON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANIO R D E R%30.11.2018 CM APPL. 50129/2018 (exemption) Allowed subject to all just exceptions. -CM APPL. 50130/2018 (delay in refiling) Delay in re-filing is not opposed by the respondent-assessee. Accordingly, the application for condonation of delay is allowed. ITA 1367/2018 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 these appeals relates to levy of interest under Section 234B of the Income Tax Act, 1961 which issue iscovered against them vide the judgment of this Court in Director of IncomeTax (International Taxation) vs. GE Packaged Power Inc., (2015) 373 ITR65 (Delhi). 3.Appeal against the said decision is pending before the Supreme Courtas special leave to appeal has been granted. 4.Counsel for the parties state that the ruling by the Supreme Courtwould equally apply to the present appeal. Recording the above, the appealis disposed of. 5.In case of any difficulty, it will be open to the parties to file anapplication in this appeal after the decision of the Supreme Court. In case of any difficulty, it will be open to the parties to file an SANJIV KHANNA, J. NOVEMBER 30, 2018/uj ANUP JAIRAM BHAMBHANI, J.