PUNJAB NATIONAL BANK vs. PRINCIPAL COMMISSIONER OF INCOME TAX

PDF · subscribers

ITA/89/2021HC DelhiDLHC01013576202115 July 2024Bench: HON'BLE MR. JUSTICE RAVINDER DUDEJA,HON'BLE MR. JUSTICE YASHWANT VARMA2 pages

AI SummaryPartly Allowed

What did the High Court hold?

The High Court decided that ITA 89/2021 would stand disposed of in light of the statement made by the appellant's counsel that the grounds were no longer pressed and no other question was being pursued. The court also noted that the issue in ITA 89/2021 was not the subject matter of ITA 890/2018. For ITA 890/2018, the court directed that the appeal be called again on September 20, 2024, implying that the sole issue 'E' would be considered further. No decision was made on the merits of any issue in either appeal at this stage. The reasoning was based on the submissions made by the appellant's counsel regarding the status of the grounds and issues in each appeal.

What were the facts?

The appeals before the Delhi High Court were ITA 890/2018 and ITA 89/2021, both filed by Punjab National Bank (the appellant) against the Principal Commissioner of Income Tax (the respondent). In ITA 890/2018, the appellant indicated that only one proposed question, identified as question 'E', was being pursued. For ITA 89/2021, the appellant's counsel stated that the grounds were no longer pressed and no other question was being pursued. The court noted that the issue in ITA 89/2021 did not form the subject matter of ITA 890/2018.

What were the issues?

1. Whether question 'E' is the sole issue to be decided in ITA 890/2018, as stated by the appellant. (Question of fact/procedure) 2. Whether ITA 89/2021 should be disposed of as per the appellant's submission that the grounds are no longer pressed. (Question of procedure) Assessee's Contentions: - In ITA 890/2018, only question 'E' is being pursued. - In ITA 89/2021, the grounds are no longer pressed, and no other question is being pursued. Revenue's Contentions: - No specific contentions were recorded for the revenue in relation to the disposal of ITA 89/2021 or the limited issue in ITA 890/2018.

AI-generated summary — verify with the full judgment below

$~18 & 19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 890/2018 PUNJAB NATIONAL BANK .....Appellant Through: Mr. S. Krishnan & Mr. Harshit Chauhan, Advocates. versus PR. COMMISSIONER OF INCOME TAX, DELHI - V, .....Respondent Through: Mr. Sanjay Kumar, SSC with Mr. Puneett Singhal & Ms. Eisha Kadian, JSCs. 19 + ITA 89/2021 PUNJAB NATIONAL BANK .....Appellant Through: Mr. S. Krishnan & Mr. Harshit Chauhan, Advocates. versus PRINCIPAL COMMISSIONER OF INCOME TAX .....Respondent Through: Mr. Aseem Chawla, SSC with Ms. Pratishtha Chaudhary & Mr. Naveen Rohila, Advocates. CORAM: HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R %

15.07.2024 1. We take note of the submission addressed by learned counsel for the appellant that in ITA 890/2018, the only proposed question which is now being pursued is question ‘E’. We observe that the same issue does not form subject matter of ITA 89/2021 in which the grounds are no longer pressed. No other question is pressed on that appeal. In view of the aforesaid, ITA 89/2021 shall stand disposed of in light of the statement made by learned counsel. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/07/2024 at 14:11:47

Let ITA 890/2018 be called again on 20.09.2024. YASHWANT VARMA, J. RAVINDER DUDEJA, J. JULY 15, 2024/sk This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/07/2024 at 14:11:47

Recent GST High Court judgments

Search GST case law →