THE COMMISSIONER OF INCOME TAX -2 vs. HDFC BANK LTD

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ITXA/354/2012HC Bombay23 July 2014Bench: HON'BLE SHRI JUSTICE S.C. DHARMADHIKARI, HON'BLE SHRI JUSTICE B.P. COLABAWALLA1 pages
AI SummaryDismissed

What did the High Court hold?

The Tribunal held that the appeal does not raise any substantial question of law. This finding is based on the Tribunal's prior decision in Income Tax Appeal No. 330 of 2012, for which the reasons were stated in that judgment. Consequently, the Tribunal found no grounds to entertain the present appeal. The operative direction is that the Appeal is dismissed. No costs were awarded. The specific issue of law decided in Income Tax Appeal No. 330 of 2012, which forms the basis for this decision, is not detailed here.

What were the facts?

This matter concerns Income Tax Appeal No. 354 of 2012, filed by the Commissioner of Income Tax-2, Mumbai (the Appellant/Revenue) against HDFC Bank Ltd. (the Respondent/Assessee). The appeal challenges an order or action that is not explicitly detailed in this excerpt. The procedural history indicates that the substantial question of law in this appeal is identical to that in Income Tax Appeal No. 330 of 2012, which was decided concurrently. The judgment was reserved on July 10, 2014, and pronounced on July 23, 2014.

What were the issues?

1. Does the appeal raise a substantial question of law? (Question of law). The Revenue contends that the appeal does raise a substantial question of law. The Assessee's arguments are not recorded in this excerpt. The Tribunal's decision hinges on whether the question of law is substantial, referencing its decision in a related appeal (Income Tax Appeal No. 330 of 2012).

AI-generated summary — verify with the full judgment below

vrd 1 ITXA354/12 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.354 OF 2012 Commissioner of Income Tax-2, Mumbai 400 020 ...Appellant v/s HDFC Bank Ltd. ...Respondent Mr Suresh Kumar for the Appellant. Mr J.D. Mistry, Sr. Counsel with Mr Atul Jasani for the Respondent. CORAM : S.C. DHARMADHIKARI AND B.P. COLABAWALLA JJ.

Reserved on : 10th July 2014. Pronounced on : 23rd July 2014. JUDGMENT [ Per B.P. Colabawalla J. ] :- 1. It is common ground before us that the substantial question of law framed in this Appeal is identical to question “A” in Income Tax Appeal No.330 of 2012, which has been decided by us today. In view of our judgment in Income Tax Appeal No.330 of 2012 and for the reasons stated therein, we are of the view that even this Appeal does not raise any substantial question of law. In view thereof, the Appeal is dismissed. No order as to costs. ( B.P. COLABAWALLA J. ) (S.C. DHARMADHIKARI J. ) CNR No : HCBM020044442012 Uploaded on - 21/08/2020 Downloaded on - 28/10/2026 04:19:46 Powered by TCPDF (www.tcpdf.org)

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