C I T vs. M/S HINDI PRESS, JALANDHAR

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ITA/399/2008HC Punjab & HaryanaPHHC01080386200812 August 2008Bench: MR. JUSTICE RAJESH BINDAL,MR. JUSTICE HEMANT GUPTA1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the substantial question of law raised by the Revenue did not arise in view of a previous Division Bench judgment of the same High Court. This judgment was rendered in CWP No. 2715 of 2006, titled Hind Samachar Limited vs Union of India and others, decided on March 11, 2008. Consequently, the present appeal filed by the Revenue was dismissed. No specific reasoning beyond the reliance on the prior judgment is provided. The operative direction was the dismissal of the appeal.

What were the facts?

The Revenue, the Commissioner of Income Tax, Jalandhar-II, filed an appeal against an order of the Income Tax Appellate Tribunal, Amritsar Bench. The Tribunal's order, dated September 7, 2007, pertained to the assessment year 2001-02 and concerned the assessee, M/s. Hindi Press (Gurgaon). The appeal was filed in the High Court of Punjab & Haryana at Chandigarh. The core of the dispute revolved around the validity of the assessee's return of income.

What were the issues?

1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law to hold the return valid even though it was not signed by the person required under Section 140(cc) of the Income Tax Act? The Revenue contended that the return was invalid as it was not signed by the prescribed authority under Section 140(cc). The judgment does not record any specific arguments made by the assessee.

Which sections of the Income-tax Act were involved?

Section 140

AI-generated summary — verify with the full judgment below

In the High Court of Punjab & Haryana at Chandigarh

ITA No. 399 of 2008 (O&M) Date of decision : 12.8.2008 The Commissioner of Income Tax, Jalandhar-II, Jalandhar .....Appellant vs M/s. Hindi Press (Gurgaon), Pucca Bagh, Hindsamachar Street, Jalandhar ..... Respondent Coram: Hon'ble Mr. Justice Hemant Gupta Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Sanjeev Bansal, Advocate, for the appellant. Hemant Gupta J. The revenue is in appeal against the order passed by the Income Tax Appellate Tribunal, Amritsar Bench, Amritsar (for short, “the Tribunal”), in I.T.A. No.386(ASR)/2006 dated 7.9.2007 for the assessment year 2001-02, raising the following substantial question of law:- “Whether on the facts and in the circumstances of the case, the Tribunal was right in law to hold the return valid even though it was not signed by the person required u/s 140 (cc) of the Income Tax Act.?” The said question of law does not arise in view of the Division Bench judgment rendered in CWP No.2715 of 2006 titled as Hind Samachar Limited vs Union of India and others, decided on 11.3.2008. In view of the above said order, the present appeal is dismissed with no order as to costs. (Hemant Gupta) Judge 12.8.2008 (Rajesh Bindal) vs.

Judge

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