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

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ITA/313/2019HC Punjab & HaryanaPHHC01070204201902 December 2019Author: MR. JUSTICE AJAY TEWARI,MR. JUSTICE VIVEK PURI1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the issue in the present appeal is no longer res integra and has been concluded by the Court's own decision in ITA No.5 of 2016, titled 'Pr. Commissioner of Income Tax, Gurgaon Vs. M/s Carrier Air Conditioning and Refrigeration Ltd.', decided on 25.04.2016. In that prior case, an identical question was held not to be a substantial question of law. Consequently, for the same reasons, the present appeal was dismissed. The operative direction was to dismiss the appeal. Any pending civil miscellaneous applications were also disposed of as a consequence of the main case being dismissed.

What were the facts?

The Principal Commissioner of Income Tax, Gurgaon (appellant-Revenue) filed an appeal under Section 260A of the Income Tax Act, 1961, against an order dated 16.11.2018 passed by the Income Tax Appellate Tribunal (ITAT), Delhi Bench-I-1, New Delhi. This order was in relation to a stay application (No. 824/DEL/2018) arising from an appeal (ITA No.1417/Del/2016) concerning Assessment Year 2011-12. The respondent is M/s Jindal Steel & Power Ltd. The High Court of Punjab and Haryana at Chandigarh heard the appeal.

What were the issues?

1. Whether the issue raised in the appeal constitutes a substantial question of law, as required for an appeal under Section 260A of the Income Tax Act, 1961. The appellant-Revenue contended that the appeal raises a substantial question of law. However, the learned counsel for the appellant-Revenue conceded that the matter is no longer res integra and stands concluded by a previous decision of the High Court. The judgment does not record any specific arguments from the respondent-assessee.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA-313-2019 (O&M) Date of Decision: 02.12.2019

The PR. Commissioner of Income Tax Gurgaon ... Appellant vs. M/s Jindal Steel & Power Ltd .. Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE VIVEK PURI Present : Mr.Tajender K. Joshi, Advocate, for the appellant. ***** AJAY TEWARI, J.(ORAL)

1.

The present appeal has been filed under Section 260A of the Income Tax Act, 1961 (in short 'the Act'), against the order dated 16.11.2018 passed by the Income Tax Appellate Tribunal, Delhi Bench-I-1 New Delhi, in stay application No. 824/DEL/2018 (in ITA No.1417/Del/2016) dated 16.11.2018 for the A.Y. 2011-12. 2. It was not disputed by the learned counsel for the appellant- Revenue that the matter in issue is no longer res integra and stands concluded by the decision of this Court in ITA No.5 of 2016, titled as “Pr. Commissioner of Income Tax, Gurgaon Vs. M/s Carrier Air Conditioning and Refigeration Ltd.”, decided on 25.04.2016, whereby, identical question as claimed in the present appeal, has been held not to be substantial question of law.

3.

For the reasons recorded in the aforementioned appeal, the present appeal is dismissed.

4.

Since the main case has been dismissed, the pending CM, if any, also stands disposed of. (AJAY TEWARI ) JUDGE 02.12.2019. (VIVEK PURI) smriti JUDGE Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No SMRITI 2019.12.05 17:05 I attest to the accuracy and integrity of this document

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