POWER FINANCE CORPORATION LTD vs. ADDL COMMISSIONER OF INCOME TAX

ITA - 1370 / 2009HC Delhi16 January 20121 pages

For Petitioner: PRATYUSH JAIN

AI SummaryPartly Allowed

What did the High Court hold?

The High Court of Delhi allowed the application for amendment of the appeal filed by the Appellant, Power Finance Corporation Ltd. The Court held that the amendment is permissible subject to all just exceptions. Crucially, the Court stipulated that it would be open to the Revenue to contend that the issues raised in the amended appeal do not arise out of the impugned order and thus do not require adjudication by the Court. The amended appeal was directed to be filed within 7 days. The Court did not decide on the merits of the appeal itself but rather on the procedural aspect of allowing the amendment. The substantive issues of the appeal remain to be heard. The operative direction was to list the amended appeal for hearing and arguments on April 18, 2012.

What were the facts?

This judgment concerns Income Tax Appeal (ITA) No. 1370/2009 filed by Power Finance Corporation Ltd. (the Appellant) against the Additional Commissioner of Income Tax (the Respondent). The appeal is before the High Court of Delhi. On January 16, 2012, an adjournment slip was circulated. However, the Court decided to address an application for amendment of the appeal filed by the Appellant. The Court allowed this application, subject to all just exceptions, permitting the Revenue to argue that the issues raised in the amended appeal do not arise from the impugned order. The amended appeal was to be filed within 7 days. The Court then listed the amended appeal for hearing and arguments on April 18, 2012.

What were the issues?

1. Whether the issues raised in the amended appeal arise out of the impugned order and need to be answered (Question of law and fact). Contentions: Assessee: The assessee filed an application for amendment of the appeal. The specific grounds or arguments for amendment are not detailed in the judgment. Revenue: The Revenue contended that it should be open to them to argue that the issues raised in the amended appeal do not arise out of the impugned order and therefore need not be answered. The judgment does not record any other contentions from the Revenue.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF DELHI AT NEW DELHI . . . ITA 1370/2009 . . . POWER FINANCE CORPORATION LTD ..... Appellant . Through Ms. Husnal Syali, Adv. . . . versus . . . . . ADDL COMMISSIONER OF INCOME TAX..... Respondent . Through Mr. Abhishek Maratha, sr. standing counsel with Ms. Anshul Sharma, Adv. . . . CORAM: . HON'BLE MR. JUSTICE SANJIV KHANNA . HON'BLE MR. JUSTICE R.V.EASWAR . . . O R D E R . 16.01.2012 . . . Adjournment slip has been circulated. However, it is noticed that application for amendment of the appeal has been filed and is pending consideration. We are inclined to take up the application for amendment of the appeal. . CM No.865/2012 . This is an application for amendment of the appeal. Application is allowed subject to all just exceptions. It will be open to the Revenue to contend the issues raised in the amended appeal do not arise out of the impugned order and need not be answered. The amended appeal will be filed within 7 days along with the annexures. . Application is disposed of. . ITA 1370/2009 . List the amended appeal for hearing and arguments on 18th April, 2012. . SANJIV KHANNA,J . . . . . . . R.V.EASWAR, J . JANUARY 16, 2012 . vld . . . $ 4 .

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