THE PR COMMISSIONER OF INCOME TAX FARIDABAD vs. M/S JINDAL STEEL AND POWER LTD

ITA/104/2021HC Punjab & HaryanaPHHC01037050202122 July 2022Author: MR. JUSTICE TEJINDER SINGH DHINDSA,MR. JUSTICE PANKAJ JAIN2 pages
AI SummaryDismissed

What were the facts?

The Principal Commissioner of Income Tax, Faridabad (appellant/revenue) filed an appeal under Section 260-A of the Income Tax Act, 1961, against an order dated 20.03.2020 passed by the Income Tax Appellate Tribunal (ITAT), New Delhi. The ITAT's order was in relation to a stay application (SA No. 41/Del/2020) arising from an appeal (ITA No. 6674/Del/2017) concerning the assessment year 2012-13. The respondent is M/s Jindal Steel & Power Ltd. The High Court of Punjab and Haryana at Chandigarh heard the appeal. The revenue's counsel conceded that the issue in the appeal was covered against the revenue by previous Division Bench judgments of the same court.

What did the High Court hold?

The High Court dismissed the appeal. The reasoning was based on the concession made by the revenue's counsel. The counsel admitted that the issue in the present appeal was squarely covered by the Division Bench judgment of the same court in ITA No. 5 of 2016, which was subsequently followed in ITA No. 78 of 2019. Therefore, in light of these binding precedents, the appeal filed by the revenue was dismissed. No specific relief was granted or denied to the assessee as the appeal was dismissed on the ground of being covered by earlier judgments. The ITAT's order itself was not adjudicated upon merits.

What were the issues?

1. Whether the issue raised in the appeal is covered against the revenue by previous judgments of the High Court. (Question of law) The revenue, through its counsel, conceded that the issue presented in the instant appeal was already decided against the revenue by a Division Bench of the High Court in ITA No. 5 of 2016 (Principal Commissioner of Income Tax, Gurgaon Vs. M/s Carrier Air Conditioning and Refrigeration Ltd.) decided on 25.04.2016. This earlier decision was further relied upon by another Division Bench in ITA No. 78 of 2019 (The Principal Commissioner of Income Tax, Gurgaon Vs. M/s Mitsubishi Electric Automotive India Pvt. Ltd., Manesar, Gurgaon) decided on 16.05.2019. The revenue did not present any arguments contrary to these precedents.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA-104-2021 (O&M) Date of decision:22.07.2022 The Principal Commissioner of Income Tax Faridabad ... Appellant versus M/s Jindal Steel & Power Ltd. ... Respondent

CORAM : HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA HON'BLE MR. JUSTICE PANKAJ JAIN. Present: Mr. T.K. Joshi, Advocate for the appellant.

... TEJINDER SINGH DHINDSA, J. (ORAL). Instant appeal under Section 260-A of the Income Tax Act, 1961 is directed against the order dated 20.03.2020 passed by the Income Tax Appellate Tribunal, New Delhi in SA No. 41/Del/2020 (in ITA- 6674/Del/2017) for the assessment year 2012-13 Mr. Tajinder K. Joshi, learned Senior Standing counsel for the appellant at the very outset concedes that the issue raised in the appeal would be covered against the revenue in the light of Division Bench judgment dated 25.04.2016 passed in ITA No.5 of 2016 titled as Principal Commissioner of Income Tax, Gurgaon Vs. M/s Carrier Air Conditioning and Refrigeration Ltd. which has been further relied upon by another Division Bench judgment dated 16.05.2019 in ITA No.78 of 2019 titled as The Principal Commissioner of Income Tax, Gurgaon Vs. M/s Mits

The order continues below.

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