Facts of the Case

The Revenue (Commissioner/Principal Commissioner of Income Tax – International Taxation) filed multiple appeals against various GE group entities, including GE Engine Service Distribution LLC, GE Engine Services Inc., GE Engine Services McAllen LP, and others.

The central issue arose from the levy of interest under Section 234B of the Income Tax Act, 1961 on non-resident assessees.

The Income Tax Appellate Tribunal (ITAT) had ruled in favor of the assessees by following an earlier judgment of the Delhi High Court in a similar matter involving GE entities. Aggrieved by this, the Revenue preferred appeals before the Delhi High Court.

Issues Involved

  1. Whether interest under Section 234B of the Income Tax Act, 1961 is leviable on non-resident assessees.
  2. Whether the ITAT was justified in following the binding precedent of the Delhi High Court in earlier GE cases.

Petitioner’s Arguments (Revenue)

  • The Revenue contended that interest under Section 234B is applicable and should be levied on the assessees.
  • It argued that the ITAT erred in granting relief based on previous decisions.
  • The Revenue further indicated that the matter was already pending before the Supreme Court, implying that the issue had not attained finality.

Respondent’s Arguments (Assessees)

  • The assessees argued that the issue is already settled in their favor by the Delhi High Court in:
    • Director of Income Tax (International Taxation) vs GE Packaged Power Inc. (2015) 373 ITR 65 (Delhi)
  • They submitted that as per binding precedent, no interest under Section 234B is leviable on non-residents where tax is deductible at source.
  • The ITAT correctly followed the binding judgment and granted relief.

Court’s Findings / Order

  • The Delhi High Court held that the issue is squarely covered in favor of the assessees by its earlier judgment in GE Packaged Power Inc.
  • The Court observed that:
    • The ITAT committed no error in following the binding precedent.
    • Judicial discipline requires adherence to earlier decisions of the same court.
  • Accordingly, all appeals filed by the Revenue were dismissed.

mportant Clarification by the Court

  • The Court clarified that:
    • Since the matter is pending before the Supreme Court (where leave has been granted),
    • The final outcome will be governed by the Supreme Court’s decision in the pending appeals/Special Leave Petitions.
  • Thus, dismissal of the appeals is subject to the final ruling of the Supreme Court.

Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2018:DHC:8725-DB/SRB21052018ITA6052018_144505.pdf

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