M/S FRIENDS ALLOYS H.NO.2906/1 SEC 37-C CHD vs. COMMISSIONER OF INCOME TAX, CHANDIGARH

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ITA/233/2018HC Punjab & HaryanaPHHC01119081201817 January 2020Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE AVNEESH JHINGAN2 pages
AI SummaryRemanded

What did the High Court hold?

The High Court noted that the assessee's counsel submitted that the issue involved in the present appeal is covered by the judgment of the Hon'ble Supreme Court in Pr. Commissioner of Income Tax, Shimla Versus M/s Aarham Softronics; 2019 (2) TMI, 1285. The counsel for the respondent (revenue) did not dispute this submission. Consequently, the High Court disposed of the present appeal on the same terms and conditions as the Supreme Court's judgment in M/s Aarham Softronics. The specific findings or reasoning of the ITAT are not discussed as the appeal was decided based on the precedent.

What were the facts?

The assessee, M/s Friends Alloys, filed an appeal under Section 260A of the Income Tax Act, 1961, against an order dated 07.02.2017 passed by the Income Tax Appellate Tribunal, Division Bench, Chandigarh. The appeal pertains to assessment year 2012-13. The revenue is represented by the Commissioner of Income Tax, Chandigarh. The High Court of Punjab and Haryana at Chandigarh is hearing the appeal. The procedural history involves the assessee filing the present appeal after the ITAT order.

What were the issues?

1. Whether the issue involved in the present appeal is covered by the judgment of the Hon'ble Supreme Court in Pr. Commissioner of Income Tax, Shimla Versus M/s Aarham Softronics; 2019 (2) TMI, 1285. The assessee argued that the issue is covered by the aforementioned Supreme Court judgment. The revenue did not dispute this factual submission.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

204 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

ITA-233-2018(O&M) Date of decision : 17.01.2020 M/S FRIENDS ALLOYS H.NO.2906/1 SEC 37-C CHD ....... APPELLANT VERSUS COMMISSIONER OF INCOME TAX, CHANDIGARH ...... RESPONDENTS CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MR.JUSTICE AVNEESH JHINGAN *** Present : Mr. Munish Kapila, Advocate and Mr. Aman Parti, Advocate for the appellant. Ms. Urvashi Dhugga, Advocate for the respondent.

*** AJAY TEWARI, J. (Oral) 1 The present appeal has been filed under Section 260A of the Income Tax Act, 1961 [for short 'the Act'], against the order dated 07.02.2017 passed by the Income Tax Appellate Tribunal, Division Bench, Chandigarh in ITA No.1251/CHD/2016 for the assessment year 2012-13. 2. Learned counsel for the petitioner submits that the issue involved in the present appeal is covered by the judgment of Hon'ble Supreme Court in Pr. Commissioner of Income Tax, Shimla Versus M/s Aarham Softronics; 2019 (2) TMI, 1285. SHABHA 2020.01.21 15:31 I attest to the accuracy and integrity of this document

ITA-233-2018(O&M) -2- 3. Learned counsel for the respondent does not dispute the above factual submission. 4. In view of the above, the present appeal is disposed of on the same terms and conditions of the above referred judgment. ( AJAY TEWARI )

JUDGE (AVNEESH JHINGAN ) 17th January, 2020 JUDGE shabha Whether speaking/reasoned Yes/No Whether Reportable : Yes/No SHABHA 2020.01.21 15:31 I attest to the accuracy and integrity of this document

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