SUPREME COURT OF INDIA

Civil Appeal Nos. 899 & 900 of 2014

R.M. LODHA AND SHIVA KIRTI SINGH, JJ.

Nageswar Rao, Ambhoj Kumar Sinha, Sandeep S. Karhail and Ms. Sayaree Basu Mallik for the Petitioner.
K. Radhakrishnan, S. Wasim A. Qadri, Ms. Rekha Pandey and Mrs. Anil Katiyar for the Respondent.

ORDER

1. Leave granted.

2. In light of the order dated December 13, 2013 passed by the Authority for Advance Rulings (Income Tax), New Delhi (for short, 'Authority') in A.A.R. No. 1309 of 2012, in Mitsubishi Corporation, Japan, In re [2013] 40 taxmann.com 335/[2014] 222 Taxman 47 (AAR - New Delhi) the learned counsel for the common appellant in both the appeals and learned senior counsel for the respondents agree that the impugned order in NETAPP B.V. v. Authority for Advance Rulings [2012] 24 taxmann.com 174 (Delhi) may be set aside and A.A.R. Nos. 932-933 of 2010 in GTB Invest ASA, In re [2012] 18 taxmann.com 262 (AAR - New Delhi) be restored to the file of the Authority.

3. Accordingly, the impugned order dated 14.08.2012 passed by the High Court in NETAPP B.V.case (supra) and the ruling given by the Authority are set aside. A.A.R. Nos. 932-933 of 2010 in GTB Invest ASA, In re [2012] 18 taxmann.com 262 (AAR - New Delhi) is restored to the file of the Authority for fresh ruling in accordance with law.

4. Civil Appeals are disposed of as above with no order as to costs.
ORDER

1. Leave granted.

2. Civil Appeals are disposed of in terms of the signed order.