THE PRINCIPAL COMMISSIONER OF INCOME TAX , FARIDABAD vs. M/S NHPC LTD

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ITA/198/2022HC Punjab & HaryanaPHHC01069829202225 January 2024Author: MR. JUSTICE GURMEET SINGH SANDHAWALIA,MS. JUSTICE LAPITA BANERJI1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted that the questions of law presented in the current appeal (ITA-192-2022) for Assessment Year 2013-14 have already been adjudicated by a Co-ordinate Bench in ITA-136-2015, which dealt with earlier Assessment Years for the same assessee, M/s NHPC Ltd. Recognizing that the matter was covered against the appellant (Revenue) by the previous decision, the counsel for the Revenue fairly conceded and did not press the present appeal. Therefore, the High Court found no reason to entertain the appeal and dismissed it. The operative direction was to dismiss the appeal along with any pending applications.

What were the facts?

The appeal is filed by the Principal Commissioner of Income Tax, Faridabad (Revenue) against the order of the Income Tax Appellate Tribunal (ITAT) dated February 17, 2021, for the Assessment Year 2013-14. The respondent is M/s NHPC Ltd. (Assessee). The High Court of Punjab and Haryana at Chandigarh is hearing the appeal under Section 260A of the Income Tax Act, 1961. The counsel for the Revenue acknowledged that the questions of law raised in the present appeal have been previously decided by a Co-ordinate Bench of the same High Court in ITA-136-2015, concerning earlier Assessment Years for the same assessee.

What were the issues?

1. Whether the appeal filed by the Revenue under Section 260A of the Income Tax Act, 1961, raises substantial questions of law that warrant consideration by the High Court, given that similar issues for earlier assessment years have already been decided by a Co-ordinate Bench. Assessee's Contention: The assessee has not made any specific arguments recorded in this judgment. The appeal is being disposed of based on the Revenue's concession. Revenue's Contention: The Revenue, through its counsel, fairly pointed out that the questions of law framed in the present appeal were already considered and decided by a Co-ordinate Bench in ITA-136-2015 titled The Commissioner of Income Tax, Faridabad Vs. M/s NHPC Ltd. for earlier Assessment Years. Consequently, the Revenue does not press the present appeal.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

Neutral Citation No. 2024:PHHC:010738-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

(104)

ITA-192-2022 (O&M) Decided on : 25.01.2024 The Principal Commissioner of Income Tax, Faridabad ……Appellant(s)

Versus M/s NHPC Ltd.

……Respondent(s)

CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA HON'BLE MS.JUSTICE LAPITA BANERJI

Present:- Mr.Saurabh Kapoor, Sr.Standing Counsel, for the appellant.

G.S. Sandhawalia, J. (Oral)

1.

The present appeal has been filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal dated 17.02.2021 for the Assessment Year 2013-14. 2. Counsel has fairly pointed out that the questions which have been framed in the present appeal were already considered by the Co-ordinate Bench in ITA-136-2015 titled The Commissioner of Income Tax, Faridabad Vs. M/s NHPC Ltd. for the earlier Assessment Years.

3.

Keeping in view the above that the matter is covered against the appellant, counsel does not press the present appeal.

4.

Accordingly, the present appeal along with the pending application(s) are hereby dismissed. (G.S. SANDHAWALIA) JUDGE

(LAPITA BANERJI) January 25th, 2024

JUDGE sailesh

Whether speaking/reasoned : Yes

Whether Reportable :

No

SAILESH RANJAN 2024.01.29 13:59 I attest to the integrity/authenticity of this document/order

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