THE COMMISSIONER OF INCOME TAX vs. M/S IMPROVEMENT TRUST, MOGA

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ITA/57/2017HC Punjab & HaryanaPHHC01117796201725 January 2018Bench: MR. JUSTICE S.J. VAZIFDAR,MR. JUSTICE AVNEESH JHINGAN1 pages
AI SummaryRemanded

What did the High Court hold?

The High Court held that the present appeal is covered in favour of the assessee in view of the judgment of a Division Bench of the same court in The Tribune Trust Vs Commissioner of Income Tax and another and in Commissioner of Income Tax (Exemption) Vs Improvement Trust, Moga (2017) 390 ITR 547 (P&H). The Court was informed that the revenue has challenged this prior judgment before the Supreme Court and that leave has been granted. Consequently, the appeal was disposed of in terms of the aforesaid judgment. The specific findings or reasoning from the cited judgment are not detailed within this order, nor is the amount in dispute recorded. No issue was expressly left undecided.

What were the facts?

The appeal was filed by the Commissioner of Income Tax (Exemptions), Chandigarh, against M/s Improvement Trust, Moga. The assessment year(s) are not explicitly stated in the judgment. The appeal challenges a prior decision concerning the respondent assessee. The procedural history indicates that the High Court is disposing of the current appeal based on a previous judgment of a Division Bench of the same court, to which the Chief Justice was a party. The revenue has challenged this prior judgment before the Supreme Court, and leave has been granted.

What were the issues?

1. Whether the appeal is covered in favour of the assessee in view of the judgment of a Division Bench of this Court in The Tribune Trust Vs Commissioner of Income Tax and another and in Commissioner of Income Tax (Exemption) Vs Improvement Trust, Moga (2017) 390 ITR 547 (P&H). Assessee's Contention: The assessee's position is implicitly supported by the agreement that the appeal is covered in its favour based on the cited High Court judgment. No specific arguments are recorded for the assessee. Revenue's Contention: The revenue has challenged the aforesaid High Court judgment before the Supreme Court and has obtained leave to appeal. This indicates the revenue's disagreement with the High Court's prior decision, which forms the basis for the current appeal's disposal.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

ITA-57-2017 (O&M) Date of decision:- 25.01.2018

The Commissioner of Income Tax (Exemptions), Chandigarh

...Appellant Versus

M/s Improvement Trust, Moga ...Respondent

CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, CHIEF JUSTICE

HON’BLE MR. JUSTICE AVNEESH JHINGAN

Present:- Mr. Denesh Goyal, Advocate,

for the appellant. * * * * S.J. VAZIFDAR, C.J. (ORAL)

It is agreed that this appeal is covered in favour of the assessee in view of the judgement of a Division Bench of this Court to which one of us (S.J. Vazifdar, CJ) was a party in The Tribune Trust Vs Commissioner of Income Tax and another and in Commissioner of Income Tax (Exemption) Vs Improvement Trust, Moga (2017) 390 ITR 547 (P&H). 2.

We are informed that the revenue has challenged the judgement before the Supreme Court and that leave has been granted in those cases. 3.

The appeal is accordingly disposed of in terms of the aforesaid judgement.

(S.J. VAZIFDAR) CHIEF JUSTICE

(AVNEESH JHINGAN) JUDGE 25.01.2018 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No

Amodh Sharma 2018.02.09 16:23 I attest to the accuracy and integrity of this document Chandigarh

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