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

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ITA/129/2019HC Punjab & HaryanaPHHC01006770201929 August 2019Author: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted that the counsel for the appellant-revenue conceded that the issue was covered against the Revenue by a prior judgment of the same Court in ITA No. 78 of 2019. Consequently, the appeal filed by the Revenue was dismissed in the same terms as the cited precedent. The Court also noted that since the main case was dismissed, any pending Civil Miscellaneous applications were also disposed of. The specific issue decided in the precedent case, which is now being applied, is not detailed in this judgment, but the outcome is a dismissal of the Revenue's appeal.

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 of the Income Tax Appellate Tribunal (ITAT), Delhi Benches. The ITAT's order was in relation to a Stay Application (No. 340/Del/2018) arising from an appeal (ITA No. 2403/Del/2017) for the Assessment Year 2008-2009. The assessee is M/s Jindal Steel and Power Limited. The High Court of Punjab and Haryana at Chandigarh was hearing this appeal.

What were the issues?

1. Whether the High Court should entertain the appeal filed by the Revenue against the ITAT's order concerning a stay application for Assessment Year 2008-2009. (Question of law) Contentions: Assessee: No specific contentions recorded for the assessee. Revenue: The counsel for the appellant-revenue fairly accepted that the issue involved in the appeal is covered against the Revenue by a previous Division Bench judgment of the High Court in ITA No. 78 of 2019 titled The Principal Commissioner of Income Tax, Gurgaon Versus M/s Mitsubishi Electric Automotive Indsia Pvt. Ltd., Manesar, Gurgaon, decided on 16.05.2019.

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 Date of Decision : 29.08.2019 The Pr. Commisioner of Income Tax, Gurgaon ... Appellant Versus M/s Jindal Steel and Power Limited

.........Respondent CORAM:HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present: Mr. Tajender K.Joshi, Senior Standing Counsel for the appellant. AJAY TEWARI, J.(ORAL) This appeal has been filed under Section 260A of the Income Tax Act, 1961 (for short 'the Act') against the order of the Income Tax Appellate Tribunal, Delhi Benches "Friday-D" New Delhi in Stay Application No.340/Del/2018 (arising out of ITA No. 2403/Del/2017) dated 18.05.2018 for the Assessment Year 2008-2009. At the very outset, counsel for the appellant-revenue has very fairly accepted that the issue is covered against the Revenue by the Division Bench judgment of this Court in ITA No. 78 of 2019 titled as The Principal Commissioner of Income Tax, Gurgaon Versus M/s Mitsubishi Electric Automotive Indsia Pvt. Ltd., Manesar, Gurgaon, decided on 16.05.2019. POOJA SAINI 2019.09.02 12:26 I attest to the accuracy and integrity of this document -2- Dismissed in the same terms. Since the main case has been dismissed, the pending CM, if any, also stands disposed of. ( AJAY TEWARI ) JUDGE ( HARNARESH SINGH GILL ) 29.08.2019 JUDGE pooja saini Whether speaking/reasoned? Yes/No Whether reportable? Yes/No POOJA SAINI 2019.09.02 12:26 I attest to the accuracy and integrity of this document

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