PR. COMMISSIONER OF INCOME TAX-06 vs. MARUBENI ITOCHU STEEL P. LTD.

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ITA/129/2016HC DelhiDLHC01026778201605 May 2016Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU2 pages

AI SummaryDismissed

What did the High Court hold?

The High Court held that the questions sought to be urged by the Revenue in the present appeal are covered by the decisions of the High Court in Li & Fung India Pvt. Ltd. v. Commissioner of Income Tax (2014) 361 ITR 85 (Del), CIT v. Marubeni India Pvt. Ltd 277 CTR 189 (Del), and the order dated 28th April 2016 in ITA 252/2016 (Pr. Commissioner of Income Tax-6 v. Mitsui & Co. India Pvt. Ltd). Consequently, no substantial question of law arises for consideration. The appeal is therefore dismissed. The operative direction is the dismissal of the appeal.

What were the facts?

The appeal is filed by the Principal Commissioner of Income Tax-06 (Revenue) against the judgment dated 24th July 2015 of the Income Tax Appellate Tribunal (ITAT) in ITA No. 761/Del/2015. The assessment year in question is 2010-11. The respondent is Marubeni Itocho Steel P. Ltd. (assessee). The Revenue is seeking to challenge the ITAT's decision. The High Court is considering whether substantial questions of law arise from the ITAT's order.

What were the issues?

1. Whether the High Court should entertain the appeal filed by the Revenue against the ITAT's order for AY 2010-11, considering the existence of substantial questions of law. The Revenue is seeking to urge questions in this appeal. The assessee's contentions are not explicitly recorded in the provided text, but the judgment indicates that the questions sought to be urged by the Revenue are covered by previous decisions of the High Court. The Revenue relies on the fact that they are seeking to urge questions in the appeal.

AI-generated summary — verify with the full judgment below

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 1. +

ITA 129/2016

PR. COMMISSIONER OF INCOME TAX-06 ..... Appellant Through: Mr. Rahul Chaudhary, Senior Standing counsel.

versus

MARUBENI ITOCHU STEEL P. LTD.

..... Respondent Through: Mr. Himanshu Sinha and Ms. Vrinda Tulshan, Advocates.

CORAM: JUSTICE S. MURALIDHAR JUSTICE VIBHU BAKHRU

O R D E R %

05.05.2016

The questions sought to be urged in this appeal by the Revenue against the judgment dated 24th July 2015 of the Income Tax Appellate Tribunal (‘ITAT’) in ITA No. 761/Del/2015 for the Assessment Year (‘AY’) 2010-11 stand covered against it by the decisions of this Court in Li & Fung India Pvt. Ltd. v. Commissioner of Income Tax (2014) 361 ITR 85 (Del), CIT v. Marubeni India Pvt. Ltd 277 CTR 189 (Del) and the order dated 28th April 2016 passed by this Court in ITA 252/2016 (Pr. Commissioner of Income Tax-6 v. Mitsui & Co. India Pvt. Ltd). ITA 129/2016

Page 1 of 2

No substantial question of law arises. The appeal is dismissed.

S. MURALIDHAR, J

VIBHU BAKHRU, J MAY 05, 2016 dn

ITA 129/2016

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