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

ITA/116/2021HC Punjab & HaryanaPHHC01037075202122 July 2022Author: MR. JUSTICE TEJINDER SINGH DHINDSA,MR. JUSTICE PANKAJ JAIN2 pages
AI SummaryDismissed

What were the facts?

The appeal, filed under Section 260-A of the Income Tax Act, 1961, by the Principal Commissioner of Income Tax, Faridabad (the appellant/revenue) challenges an order dated 20.03.2020 passed by the Income Tax Appellate Tribunal, New Delhi. The order pertains to the assessment year 2010-11 and was made in SA No. 40/Del/2020 (in ITA-619/Del/2015). 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 raised in the appeal was covered against the revenue by previous judgments of the same High Court.

What did the High Court hold?

The High Court held that the issue raised in the appeal was covered against the revenue by its previous judgments. Specifically, the revenue's counsel conceded that the appeal would be decided against the revenue in light of the Division Bench judgment in Principal Commissioner of Income Tax, Gurgaon Vs. M/s Carrier Air Conditioning and Refrigeration Ltd. (ITA No.5 of 2016), which was further relied upon in The Principal Commissioner of Income Tax, Gurgaon Vs. M/s Mitsubishi Electric Automotive India Pvt. Ltd., Manesar, Gurgaon (ITA No.78 of 2019). Consequently, the High Court dismissed the instant appeal in terms of its judgment dated 16.05.2019 in ITA No.78 of 2019. No specific amount in dispute was mentioned. No issues were left undecided.

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's counsel conceded that the issue was covered against the revenue in light of the Division Bench judgment dated 25.04.2016 in ITA No.5 of 2016 (Principal Commissioner of Income Tax, Gurgaon Vs. M/s Carrier Air Conditioning and Refrigeration Ltd.) and further relied upon by a Division Bench judgment dated 16.05.2019 in ITA No.78 of 2019 (The Principal Commissioner of Income Tax, Gurgaon Vs. M/s Mitsubishi Electric Automotive India Pvt. Ltd., Manesar, Gurgaon). The assessee's contentions were not recorded in the judgment.

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-116-2021 (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. Mr. Vishal Gupta, Advocate for the respondent. ... 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. 40/Del/2020 (in ITA- 619/Del/2015) for the assessment year 2010-11 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 Com

The order continues below.

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