THE PR. COMMISSIONER OF INCOME TAX, GURGAON vs. M/S JINDAL STEEL AND POWER LTD

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ITA/376/2019HC Punjab & HaryanaPHHC01092823201916 December 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE VIVEK PURI2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the matter was no longer res integra and had been concluded by its own prior decision in ITA No.5 of 2016. In that previous case, an identical question was held not to be a substantial question of law. Consequently, for the reasons recorded in the aforementioned appeal, the present appeal was dismissed. Since the main case was dismissed, any pending Civil Misc. Application also stood disposed of. The operative direction was the dismissal of the appeal.

What were the facts?

The appeal, filed under Section 260A of the Income Tax Act, 1961, challenges an order dated January 11, 2019, passed by the Income Tax Appellate Tribunal (ITAT), Delhi Bench 'I-2', concerning stay application No. 865/DEL/2018 in ITA No. 6674/DEL/2017 for the assessment year 2012-2013. The appellant is the Pr. Commissioner of Income Tax, Gurgaon, and the respondent is M/s Jindal Steel and Power Ltd. The High Court of Punjab and Haryana at Chandigarh is hearing the appeal. The Revenue acknowledged that the issue was not novel and had been decided by the same court in a previous case.

What were the issues?

1. Whether the question of law arising from the ITAT's order dated 11.01.2019 in stay application No. 865/DEL/2018 (in ITA No. 6674/DEL/2017) for AY 2012-2013 constitutes a substantial question of law, as required for an appeal under Section 260A of the Income Tax Act, 1961. Assessee's Contentions: The judgment does not record any specific contentions from the assessee (M/s Jindal Steel and Power Ltd.). Revenue's Contentions: The learned counsel for the appellant-Revenue conceded that the matter in issue was no longer res integra and had been concluded by a prior decision of the High Court in ITA No.5 of 2016, titled 'Pr. Commissioner of Income Tax, Gurgaon Vs. M/s Carrier Air Conditioning and Refrigeration Ltd.', decided on 25.04.2016. This prior decision held that an identical question, as raised in the present appeal, was not a substantial question of law.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

117 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

ITA-376-2019(O&M)

Date of decision :16.12.2019 The Pr. Commissioner of Income Tax, Gurgaon. ...... Appellant versus M/s Jindal Steel and Power Ltd. ...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE VIVEK PURI Present : Mr. Tajender Joshi, Senior Standing Counsel with Mr. Vikram Bali, Junior Standing Counsel for the appellant. *** AJAY TEWARI, J. (Oral) 1. The present appeal has been filed under Section 260A of the Income Tax Act, 1961 (in short 'the Act'), against the order dated 11.01.2019, passed by the Income Tax Appellate Tribunal, Delhi Bench 'I-2' New Delhi, in stay application No. 865/DEL/2018 (in ITA No. 6674/DEL/2017) for the assessment year 2012-2013. 2. It was not disputed by the learned counsel for the appellant- Revenue that the matter in issue is no longer res integra and stands concluded by the decision of this Court in ITA No.5 of 2016, titled as “Pr. Commissioner of Income Tax, Gurgaon Vs. M/s Carrier Air Conditioning and Refigeration Ltd.”, decided on 25.04.2016, whereby, identical question as claimed in the present appeal, has been held not to be substantial question of law. 3. For the reasons recorded in the aforementioned appeal, the present appeal is dismissed. JANKI BHATT 2019.12.20 10:11 I attest to the accuracy of this document High Court Chandigarh

ITA-376-2019(O&M) - 2 - 4. Since the main case has been dismissed, the pending Civil Misc. Application, if any, also stands disposed of.

(AJAY TEWARI)

JUDGE

(VIVEK PURI) 16.12.2019

JUDGE Janki Whether speaking/reasoned Yes/No Whether Reportable : Yes/No JANKI BHATT 2019.12.20 10:11 I attest to the accuracy of this document High Court Chandigarh

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