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

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ITA/101/2019HC Punjab & HaryanaPHHC01000713201906 September 2019Author: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the matter in issue was no longer res integra and stood concluded by its own prior decision in ITA No.5 of 2016, titled Pr. Commissioner of Income Tax, Gurgaon Vs. M/s Carrier Air Conditioning and Refrigeration Ltd. In that earlier case, an identical question had been held not to be a substantial question of law. Therefore, for the reasons recorded in the aforementioned appeal, the present appeal was dismissed. The operative direction was the dismissal of the appeal. No issue was expressly left undecided.

What were the facts?

The Principal Commissioner of Income Tax, Gurgaon (the Revenue) filed an appeal under Section 260A of the Income Tax Act, 1961, against an order dated 18.5.2018 passed by the Income Tax Appellate Tribunal (ITAT), Delhi Bench. The ITAT's order was in relation to a stay application (No. 407/DEL/2018) concerning ITA No. 1417/Del/2016 for the Assessment Year 2011-12. The assessee is M/s. Jindal Steel & Power Ltd. The Revenue did not dispute that the issue was already decided by the High Court in a previous case with identical facts.

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 Revenue contended that the matter was no longer res integra and had been concluded by a previous decision of the High Court in the case of Pr. Commissioner of Income Tax, Gurgaon Vs. M/s Carrier Air Conditioning and Refrigeration Ltd. (ITA No.5 of 2016), decided on 25.04.2016. This decision, according to the Revenue, held that an identical question was not a substantial question of law. The judgment does not record any specific arguments from the assessee.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

ITA-101-2019 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 112 ITA-101-2019 (O&M) Date of Decision : 6.9.2019 The Pr. Commissioner of Income Tax Gurgaon

...... Appellant Versus M/s. Jindal Steel & Power Ltd., Delhi Road, Hisar

...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI : HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present : Mr. Tajender K. Joshi, Standing Counsel 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 18.5.2018, passed by the Income Tax Appellate Tribunal, Delhi Bench “Friday” New Delhi, in stay application No. 407/DEL/2018 (in ITA No. 1417/Del/2016) dated 18.5.2018 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. Anuradha 2019.09.10 10:22 I attest to the accuracy and integrity of this document

ITA-101-2019 2

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 (HARNARESH SINGH GILL) JUDGE 6.9.2019 anuradha

Whether speaking/reasoned - Yes/No Whether reportable - Yes/No Anuradha 2019.09.10 10:22 I attest to the accuracy and integrity of this document

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