Commissioner of Income-tax International Taxation-1 New Delhi v. GE Japan Ltd
[Citation -2016-LL-0202-11]
Citation | 2016-LL-0202-11 |
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Appellant Name | Commissioner of Income-tax International Taxation-1 New Delhi |
Respondent Name | GE Japan Ltd. |
Court | SUPREME COURT |
Relevant Act | Income-tax |
Date of Order | 02/02/2016 |
Judgment | View Judgment |
Bot Summary: | UPON hearing the counsel the Court made the following O R D E R These review petitions are filed seeking review of order dated 13.07.2015 vide which special leave petitions filed by the Department were dismissed taking note of the fact that some other special leave petitions raising identical issue had been dismissed by this Court. It is mentioned in the review petitions that notwithstanding dismissal of some special leave petitions on an earlier occasion, in some other special leave petitions show cause notices were still issued. It is also pointed out that while issuing the show cause notice this Court was conscious of the fact that some of the special leave petitions involving similar issue have been dismissed. What persuaded to the Court to issue notice was the reason that different High Courts have been taking different view and while issuing show cause notice, it is recorded that in the aforesaid circumstance, it becomes necessary that legal position with regard to liability to pay interest in terms of Section 234B of the Income Tax Act,1961 is settled once 3 for all. Accordingly, the order dated 13.07.2015 dismissing the special leave petitions in limine is recalled. The special leave petitions are restored to their original numbers. Tag the Special Leave Petitions with SLP(C) No. 6420/2009 and other connected matters. |