ASSTT. COMMISSIONER OF INCOME vs. M/S SHALIMAR FILMS PVT. LTD.

PDF · subscribers
ITA/31/1999HC Punjab & HaryanaPHHC01038342199908 October 2013Bench: MR. JUSTICE RAJIVE BHALLA,MR. JUSTICE DR. BHARAT BHUSHAN PARSOON1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal filed by the revenue. The Court noted that the substantial question of law had already been answered against the revenue in a previous case, ITC 31 of 1992 - The Commissioner of Income Tax, Jalandhar Vs. M/s Ashirwad Pictures, Jalandhar, decided on 20.2.2004. Therefore, the appeal was dismissed in the same terms as the cited precedent. The reasoning for the dismissal is based on the prior High Court decision which presumably dealt with a similar issue of accrued hire receipts and the application of the cited Supreme Court case. The operative direction is the dismissal of the appeal.

What were the facts?

The Revenue, through the Assistant Commissioner of Income Tax, Circle 2(1), Jalandhar, has filed an appeal against an order dated 21.12.1998 passed by the Income Tax Appellate Tribunal (ITAT), Amritsar Bench, Amritsar. The ITAT had upheld the order of the Commissioner of Income Tax (Appeals) [CIT(A)] which deleted an addition of Rs. 1,91,655/-. This addition was made by the Assessing Officer (AO) on account of accrued hire receipts. The appeal is for Assessment Year 1999. The respondent assessee is M/s Shalimar Films Pvt. Ltd., Jalandhar. The appeal was admitted on a substantial question of law.

What were the issues?

1. Whether, on the facts and in the circumstances of the case, the learned Tribunal was right in law in upholding the order of the CIT(A) deleting the addition of Rs. 1,91,655/- made by the AO on account of accrued hire receipts in view of the case reported at 91-CTR-108 (SC)? Contentions: Assessee: No arguments were recorded for the assessee as none appeared. Revenue: The revenue argued that the Tribunal was not right in law in deleting the addition of Rs. 1,91,655/- made by the AO on account of accrued hire receipts, relying on the case reported at 91-CTR-108 (SC).

AI-generated summary — verify with the full judgment below

HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. *** INCOME TAX APPEAL NO. 31 OF 1999. Date of decision: 8.10.2013. **** The Assistant Commissioner of Income Tax, Circle 2(1), Jalandhar. Versus M/S Shalimar Films Pvt. Ltd. Jalandhar. *** CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA HON'BLE MR. JUSTICE DR. BHARAT BHUSHAN PARSOON. *** Present: Shri Vivek Sethi, Advocate, for the appellant. None for the respondent. RAJIVE BHALLA, J (ORAL) The revenue challenges order dated 21.12.1998 passed by the Income Tax Appellate Tribunal, Amritsar Bench, Amritsar on the following substantial question of law:- “Whether, on the facts and in the circumstances of the case the learned Tribunal was right in law in upholding the order of the CIT(A) deleting the addition of Rs. 1,91,655/- made by the A.O on account of accrued hire receipts in view of the case reported at 91-CTR-108 (SC)? We have heard counsel for the revenue, perused the impugned order and as the question of law has already been answered against the revenue in ITC 31 of 1992 -The Commissioner of Income Tax, Jalandhar Vs. M/S Ashirwad Pictures, Jalandhar, decided on 20.2.2004, dismiss the appeal in the same terms. (Rajive Bhalla)

Judge (Dr. Bharat Bhushan Parsoon)

Judge 8.10.2013 Malik Subhash Malik 2013.10.21 10:05 I attest to the accuracy and integrity of this document Chandigarh

Recent GST High Court judgments

Search GST case law →