2018 (6) TMI 1556 - HC - Income Tax

Interest levied u/s 234-B - non-payment of advance tax - non deduction of tds by the payer - Held that - This issue is covered in the assessee s favour and against the Revenue by the judgment of this Court in Director of Income-Tax (International Taxation) vs. GE Packaged Power Inc. (2015 (1) TMI 1168 - DELHI HIGH COURT). 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. 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

Summary

The High Court of Delhi dismissed the Revenue's appeal regarding interest levied under Section 234-B of the Income Tax Act, 1961. The decision was based on a previous ruling in favor of the assessee, citing the case 'Director of Income-Tax vs. GE Packaged Power Inc.' The Court stated that the ITAT did not err in following the previous order. The parties will be bound by the Supreme Court's ruling in pending appeals.