COMMISSIONER OF INCOME TAX-I vs. MAHAVIR SPINNING MILLS LTD. CHD.

PDF · subscribers
ITA/560/2008HC Punjab & HaryanaPHHC01092105200815 December 2022Bench: MR. JUSTICE TEJINDER SINGH DHINDSA,MR. JUSTICE SANJIV BERRY2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the instant appeal is dismissed in terms of the Division Bench judgment of the Court in Mahavir Spinning Mills Limited (Supra). The reasoning is that the Revenue's counsel conceded that the issue involved in the present appeal is squarely covered against the Revenue by the Division Bench judgment dated 07.02.2008 in ITA-601-2007, which involved the same assessee and a similar issue. This prior judgment was further affirmed by the Hon'ble Supreme Court's dismissal of the Special Leave Petition. Therefore, the High Court found no reason to deviate from the established precedent. No specific issue was left undecided; the appeal was disposed of based on the concession and prior judicial pronouncements.

What were the facts?

The appeal, filed by the Commissioner of Income Tax-I, Ludhiana (Revenue), is directed against the order dated 25.01.2008 passed by the Income Tax Appellate Tribunal, Chandigarh Bench ‘B’. The assessment year in question is 2000-2001. The assessee is Mahavir Spinning Mills, Ltd. The Revenue's counsel conceded that the issue in this appeal is covered by a prior Division Bench judgment of the same High Court in ITA-601-2007 (Commissioner of Income Tax-I, Ludhiana vs. Mahavir Spinning Mills Limited). Furthermore, the Revenue's counsel informed the Court that a Special Leave Petition filed against that prior judgment was dismissed by the Hon'ble Supreme Court on 22.03.2010.

What were the issues?

1. Whether the issue involved in the appeal is covered by the Division Bench judgment dated 07.02.2008 in ITA-601-2007 (Commissioner of Income Tax-I, Ludhiana vs. Mahavir Spinning Mills Limited). Assessee's Contention: Not explicitly recorded, but the appeal is being dismissed based on a prior judgment in favor of the assessee. Revenue's Contention: The Revenue's counsel fairly stated that the issue is squarely covered against the revenue in terms of the Division Bench judgment dated 07.02.2008 in ITA-601-2007 (Commissioner of Income Tax-I, Ludhiana vs. Mahavir Spinning Mills Limited). The counsel further informed that the said judgment stands affirmed as the Special Leave Petition filed against it was dismissed by the Hon'ble Supreme Court on 22.03.2010.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

227 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA-560-2008 (O&M) Date of decision: 15.12.2022 Commissioner of Income Tax-I, Ludhiana ......Appellant. vs. Mahavir Spinning Mills, Ltd. Chandigarh Road, Ludhiana

......Respondent. CORAM: - HON'BLE MR JUSTICE TEJINDER SINGH DHINDSA HON’BLE MR. JUSTICE SANJIV BERRY Present: - Ms. Pridhi Jaswinder Sandhu, Jr. Standing Counsel for the appellant. Ms. Radhika Suri, Sr. Advocate with Mr. Sidhant Suri, Akhilesh Barak, Advocates, for the respondent. TEJINDER SINGH DHINDSA, J. (ORAL) Instant appeal filed under Section 260-A of the Income Tax Act, 1961, is directed against the order dated 25.01.2008 passed by the Income Tax Appellate Tribunal, Chandigarh Bench ‘B’, pertaining to assessment year 2000-2001. Learned counsel for the appellant-revenue has very fairly stated that the issue involved in the appeal is squarely covered against the revenue in terms of the Division Bench judgment dated 07.02.2008 in ITA-601-2007 (Commissioner of Income Tax-I, Ludhiana vs. Mahavir Spinning Mills Limited, Vardhman Complex, Chandigarh Road Ludhiana). PREETI 2022.12.16 15:51 I attest to the accuracy and authenticity of this order/judgment

ITA-560-2008 (O&M) -2- Counsel further informed us that the afore-noticed judgment stands affirmed inasmuch as Special Leave Petition filed has been dismissed by the Hon’ble Supreme Court on 22.03.2010. In view of above, the instant appeal is dismissed in terms of Division Bench judgment of this Court in Mahavir Spinning Mills Limited (Supra).

(TEJINDER SINGH DHINDSA)

JUDGE (SANJIV BERRY) 15.12.2022 JUDGE preeti whether speaking/non speaking yes/no whether reportable/non reportable yes/no PREETI 2022.12.16 15:51 I attest to the accuracy and authenticity of this order/judgment

More judgments on Section 260-A

All 2,570 judgments and leading authorities on Section 260-A →

Recent GST High Court judgments

Search GST case law →