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

ITA/72/2021HC Punjab & HaryanaPHHC01037048202104 July 2022Author: MR. JUSTICE TEJINDER SINGH DHINDSA,MR. JUSTICE PANKAJ JAIN1 pages
AI SummaryDismissed

What were the facts?

The appeal, filed under Section 260-A of the Income Tax Act, 1961, challenges an order dated 15.11.2019 passed by the Income Tax Appellate Tribunal (ITAT), New Delhi. The ITAT's order pertains to assessment year 2011-12. The appellant is the Principal Commissioner of Income Tax, Faridabad, and the respondent is M/s Jindal Steel & Power Ltd. The High Court of Punjab and Haryana at Chandigarh is hearing the appeal. The revenue's counsel conceded that the issue in the present appeal is covered by previous judgments of the High Court.

What did the High Court hold?

The High Court dismissed the appeal. The revenue's counsel conceded that the issue in the present appeal was covered against the revenue by the Division Bench judgment dated 25.04.2016 in ITA No.5 of 2016, titled Principal Commissioner of Income Tax, Gurgaon Vs. M/s Carrier Air Conditioning and Refrigeration Ltd. This earlier judgment was further relied upon by another Division Bench judgment dated 16.05.2019 in ITA No.78 of 2019, titled The Principal Commissioner of Income Tax, Gurgaon Vs. M/s Mitsubishi Electric Automotive India Pvt. Ltd., Manesar, Gurgaon. In view of this concession and the binding precedent, the High Court found no reason to interfere with the ITAT's order and accordingly dismissed the appeal. No specific issue was left undecided; the appeal was disposed of based on the concession.

What were the issues?

1. Whether the issue raised in the appeal is covered against the revenue by previous Division Bench judgments of the High Court. Assessee's Contention: The assessee did not make any arguments as the revenue's counsel conceded the issue. Revenue's Contention: The revenue's counsel conceded that the issue raised in the appeal is 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.), which was further relied upon by another 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).

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-72-2021

Date of Decision: 04.07.2022 The Pr.Commissioner of Income Tax Faridabad .....Appellant Vs. M/s Jindal Steel & Power Ltd. .....Respondent CORAM: HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Tajender 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 15.11.2019 passed by the Income Tax Appellate Tribunal, New Delhi in SA No. 1033/Del/2019 pertaining to assessment year 2011-12. 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, Gurga

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