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

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ITA/192/2022HC Punjab & HaryanaPHHC01068235202225 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 framed in the present appeal had already been 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. Given that the matter was covered against the appellant by the earlier decision, the appellant's counsel did not press the present appeal. Consequently, the High Court dismissed the appeal along with any pending applications. The specific findings or reasoning from the precedent case were not detailed in this judgment, as the appeal was disposed of on the basis of concession and prior precedent.

What were the facts?

The appeal, filed under Section 260A of the Income Tax Act, 1961, by the Principal Commissioner of Income Tax, Faridabad, challenges an order of the Income Tax Appellate Tribunal dated February 17, 2021, pertaining to Assessment Year 2013-14. The respondent is M/s NHPC Ltd. The appellant's counsel acknowledged that the issues raised in the present appeal had been previously adjudicated by a Co-ordinate Bench of the High Court in ITA-136-2015, concerning earlier Assessment Years for the same respondent. Due to this precedent, the appellant's counsel stated that they did not wish to press the current appeal.

What were the issues?

1. Whether the appeal involves substantial questions of law, as required under Section 260A of the Income Tax Act, 1961, concerning the Income Tax Appellate Tribunal's order dated February 17, 2021, for Assessment Year 2013-14. The assessee (M/s NHPC Ltd.) did not present any arguments as the appeal was not pressed. The revenue (Principal Commissioner of Income Tax, Faridabad) argued that the issues in the present appeal were identical to those decided by a Co-ordinate Bench in ITA-136-2015 for earlier assessment years. The revenue relied on the precedent set in the earlier case.

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 2024.01.30 10:54 I attest to the integrity/authenticity of this document/order

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