THE COMMISSIONER OF INCOME TAX III vs. STERI SHEETS P. LTD., NEW DELHI

ITA - 962 / 2008HC Delhi19 August 20081 pages

For Petitioner: SANJEEV SABHARWAL

AI SummaryDismissed

What did the High Court hold?

The High Court held that no substantial question of law arises for its consideration in this appeal. The court's decision was based on its previous pronouncements in similar cases. Specifically, the court referred to its decision in CIT v. Ran Pharm Investment Pvt. Ltd (ITA No.111/2004), decided on 22.03.2004, where it had held that no substantial question of law arose. Furthermore, the court cited another case, Steri Mould Pvt Ltd v. CIT (ITA No.122/2004), decided on 16.04.2004, where it affirmed the Tribunal's view in dismissing the assessee's appeal. Following these precedents, the High Court concluded that the present appeal also merits dismissal. The operative direction was the dismissal of the appeal.

What were the facts?

This appeal arises from the Income Tax Appellate Tribunal's (ITAT) order dated August 16, 2007, pertaining to the assessment year 1998-99. The appellant is the assessee, and the respondent is the revenue. The High Court of Delhi is hearing the appeal against the ITAT's order. The counsel for the appellant informed the court that a similar matter with an identical issue, CIT v. Ran Pharm Investment Pvt. Ltd (ITA No.111/2004), was decided by the High Court, which held that no substantial question of law arose. Another case, Steri Mould Pvt Ltd v. CIT (ITA No.122/2004), also affirmed the Tribunal's view in dismissing the assessee's appeal. The High Court noted that the present appeal also merits dismissal on similar grounds.

What were the issues?

1. Does a substantial question of law arise for consideration in this appeal against the ITAT's order dated 16.08.2007 in ITA No. 5485/Del/2003 for the assessment year 1998-99? Assessee's Contention: The assessee's counsel informed the court that in an identical matter involving an identical issue, this Court had previously expressed its opinion that no substantial question of law arises. The assessee relied on the decision in CIT v. Ran Pharm Investment Pvt. Ltd (ITA No.111/2004) decided on 22.03.2004. Revenue's Contention: The revenue did not present any specific arguments, but the High Court, in its decision, followed the precedent set in the cited cases, implicitly agreeing with the dismissal of the appeal due to the absence of a substantial question of law.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF DELHI AT NEW DELHI . 19.08.2008 #7 . Present: Mr Sanjeev Sabharwal, Advocate for the Appellant. Ms Kavita Jha, Advocate for the Respondent. . + ITA No. 962/2008 . This appeal arises out of the Tribunal?s order dated 16.08.2007 in ITA No. 5485/Del/2003 in respect of the assessment year 1998-99. The learned counsel for the appellant informs that in an identical matter involving an identical issue, this Court has expressed its opinion that no substantial question of law arises. That matter was CIT v. Ran Pharm Investment Pvt. Ltd :ITA No.111/2004 decided on 22.03.2004 In another matter ? Steri Mould Pvt Ltd v. CIT : ITA No.122/2004 decided on 16.04.2004, this Court affirmed the view taken by the Tribunal in dismissing the assessee?s appeal. Following the said decisions, this appeal also merits dismissal, as no substantial question of law arises for our consideration. The appeal is dismissed. . . BADAR DURREZ AHMED, J . . RAJIV SHAKDHER, J . August 19, 2008/mk 11

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