PR. COMMISSIONER OF INCOME TAX-2 vs. CITI FINANCIAL CONSUMER FINANCE INDIA LTD.

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ITA/159/2016HC DelhiDLHC01026765201622 February 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 no substantial question of law arises in the present appeals for Assessment Years 2007-08 and 2008-09. This decision is based on the Court's prior order dated September 28, 2015, in ITA No. 682/2015, which dealt with similar questions for Assessment Year 2006-07. The Court noted that the Revenue's appeals for earlier years (2003-04 and 2004-05) were lying in defect. By extension, and without re-examining the merits of the ITAT's orders for AYs 2007-08 and 2008-09, the High Court found no grounds to interfere. The operative direction was to dismiss the appeals.

What were the facts?

These appeals by the Principal Commissioner of Income Tax-2 (Revenue) challenge the Income Tax Appellate Tribunal's (ITAT) orders concerning Citi Financial Consumer Finance India Ltd. (Assessee) for Assessment Years (AYs) 2007-08 and 2008-09. The Revenue's counsel indicated that appeals for AYs 2003-04 and 2004-05, decided by the ITAT, were also filed. The High Court notes that its order dated September 28, 2015, in ITA No. 682/2015 (Pr. CIT V. Citi Financial Consumer Finance India Ltd.) for AY 2006-07, dealt with similar questions. The Revenue's appeals for AYs 2003-04 and 2004-05 were stated to be lying in defect. The present appeals are for AYs 2007-08 and 2008-09.

What were the issues?

1. Whether a substantial question of law arises for the Assessment Years 2007-08 and 2008-09, in light of the High Court's prior decision for AY 2006-07. The Revenue contended that the appeals were filed. The Assessee's arguments are not recorded. The High Court's prior order for AY 2006-07 in ITA No. 682/2015 addressed questions urged by the Revenue. The present appeals relate to AYs 2007-08 and 2008-09, and the Revenue's appeals for AYs 2003-04 and 2004-05 were noted as being in defect. The core issue is whether the present appeals present any substantial question of law.

AI-generated summary — verify with the full judgment below

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 33. + ITA159/2016 PR. COMMISSIONER OF INCOME TAX-2 Appellant Through: Mr P. Roy Chaudhuri, Senior Standing Counsel with Ms Lakshmi Gurung, Junior Standing Counsel. versus CITI FINANCIAL CONSUMER FINANCE INDIA LTD. Respondent Through: Mr Prakash Kumar, Advocate. AND 34. + ITA 160/2016 PR. COMMISSIONER OF INCOME TAX -2 Appellant Through: Mr P. Roy Chaudhuri, Senior Standing Counsel with Ms Lakshmi Gurung, Junior Standing Counsel. versus CITI FINANCIAL CONSUMER FINANCE INDIA LTD. Respondent Through: Mr Prakash Kumar, Advocate. CORAM: JUSTICE S.MURALIDHAR JUSTICE VIBHU BAKHRU ORDER % 22.02.2016 CM No.6320/2016 in ITA 159/2016 1. Allowed, subject to all just exceptions. ITA 159 & 160/2016 p^ge y of2 Digitally Signed By:AMULYA Signature Not Verified

1^' 2. The application stands disposed of. ITA 159/2016 & ITA 160/2016 3. The questions urged by the Revenue in these appeals have been dealt by this Court in its order dated 28'^ September, 2015 in ITA No.682/2015 (Pr. CIT V. Citi Financial Consumer Finance India Ltd.) which was for Assessment Year ('AY') 2006-07. In that order, the submissions of the Revenue was that the appeals in respect of the ITAT's order for AYs 2003- 04 and 2004-05 "are learned to have been filed". Today, the Court is informed that the Revenue's appeals for AYs 2003-04 and 2004-05 are still lying in defect. The present appeals relate to AYs 2007-08 and 2008-09. 4. No substantial question of law arises as far as the present appeals are concerned. 5. The appeals are dismissed. FEBRUARY 22, 2016 MK S.MURALIDHAR, J VIBHU BAKHRU, J ITA 159 & 160/2016 Page 2 of 2

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