C.I.T. JDR. vs. YASH PAUL SINGH BHALLA

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ITR/27/1997HC Punjab & HaryanaPHHC01035391199705 July 2010Bench: MR. JUSTICE AJAY KUMAR MITTAL,MR. JUSTICE ADARSH KUMAR GOEL2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court answered the question of law referred to it against the revenue and in favour of the assessee. The reasoning provided is that the revenue's counsel conceded that the issue was covered by a previous decision of the same court. Therefore, the ITAT's direction to the Assessing Officer to delete the charging of interest under Section 201(1A) of the Income-tax Act, 1961, was upheld. The principle established is that if a matter is covered by a binding precedent of the High Court, the revenue cannot pursue the same issue further. The reference was disposed of in light of this concession and precedent.

What were the facts?

This case involves a reference to the High Court of Punjab and Haryana at Chandigarh concerning an order passed by the Income Tax Appellate Tribunal (ITAT) on February 13, 1996. The ITAT's order was in relation to Income Tax Appeal Nos. 931 to 938 (ASR)/1990 for the assessment year 1987-88. The Commissioner of Income Tax, Jalandhar, is the applicant (revenue), and M/s Kasinka Trading, Jalandhar, is the respondent (assessee). The core of the dispute revolves around the charging of interest under Section 201(1A) of the Income-tax Act, 1961.

What were the issues?

1. Whether, on the facts and in the circumstances of the case, the ITAT is right in law in directing the Assessing Officer (AO) to delete the charging of interest under Section 201(1A) of the Income-tax Act, 1961? Contentions: Assessee: The judgment does not record any specific contentions made by the assessee. The matter was decided based on a concession by the revenue. Revenue: The learned counsel for the revenue fairly stated that the matter is covered by an earlier order of this Court dated July 10, 2007, in I.T.R. No. 24 of 1996 (The Commissioner of Income-tax, Jalandhar v. Sh. Yash Paul Singh Bhalla Vimpi Restaurant).

Which sections of the Income-tax Act were involved?

Section 201(1A)

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. I.T.R. No.27 of 1997 Date of decision: 5.7.2010 The Commissioner of Income Tax, Jalandhar. -----Applicant. Vs. M/s Kasinka Trading, Jalandhar. -----Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE AJAY KUMAR MITTAL Present:- Mr. Vivek Sethi, Sr. Standing Counsel for the applicant. --- ADARSH KUMAR GOEL, J.

Following question of law has been referred for opinion of this Court, arising out of order of the Income Tax Appellate Tribunal dated 13.2.1996 in I.T.A. Nos.931 to 938 (ASR)/1990 for the assessment year 1987-88:- “Whether, on the facts and in the circumstances of the case, the ITAT is right in law in directing the A.O. to delete the charging of interest u/s 201(1A) of the Income-tax Act, 1961?”

Learned counsel for the revenue fairly states that the matter is covered by earlier order of this Court dated 10.7.2007 in

I.T.R. Nos.27 of 1997 I.T.R. No.24 of 1996 The Commissioner of Income-tax, Jalandhar v. Sh. Yash Paul Singh Bhalla Vimpi Restaurant..

In view of above, the question referred is answered against the revenue and in favour of the assessee.

The reference is disposed of. (ADARSH KUMAR GOEL) JUDGE July 05, 2010 ( AJAY KUMAR MITTAL ) ashwani JUDGE 2

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