MS USAKA ELECTRICALS vs. PRINCIPAL COMMISSIONER OF INCOME TAX
What did the High Court hold?
The High Court held that the issues involved in the present appeal have already been adjudicated by the same Court in ITA No. 20 of 2015, titled M/s Stovekraft India V. Commissioner of Income Tax, decided on 28.11.2017. Applying the directions from the aforementioned case mutatis mutandis to the present appeal, the Court disposed of the appeal. No specific finding on the merits of the assessee's case or the revenue's objections was made, as the decision was based on the precedent. The operative direction was to dispose of the appeal in terms of the previous judgment. Any pending applications were also disposed of accordingly. No issues were expressly left undecided.
What were the facts?
The appeal is filed by M/s Usaka Electricals (the assessee) against the order of the Principal Commissioner of Income Tax (the revenue). The assessment year(s) are not specified in the judgment. The specific order or action under challenge is not detailed. The amount in dispute is not stated. The procedural history is that the High Court is hearing the appeal, and the court notes that the issues involved have already been adjudicated by the same court in a previous case, ITA No. 20 of 2015, titled M/s Stovekraft India V. Commissioner of Income Tax, decided on 28.11.2017.
What were the issues?
1. Whether the issues involved in the present appeal stand adjudicated by this Court in ITA No. 20 of 2015, titled M/s Stovekraft India V. Commissioner of Income Tax, decided on 28.11.2017? (Question of fact). Assessee's Contention: The assessee has filed the appeal. No specific arguments are recorded for the assessee regarding the issues themselves, but the appeal is presented for adjudication. Revenue's Contention: The revenue is the respondent. No specific arguments are recorded for the revenue regarding the issues themselves, but the revenue is represented. The judgment does not explicitly state the specific grounds of appeal or the revenue's objections beyond the fact that the issues are stated to be already adjudicated.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
ITA No.2 of 2018
Date of Decision: 14.03.2018
_______ M/s Usaka Electricals
..Appellant.
Versus
Principal Commissioner of Income tax .Respondent.
Coram:
The Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice. The Hon’ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting?
For the Appellant : Mr. Vishal Mohan, Advocate.
For the Respondent : Ms. Vandana Kuthiala, Advocate.
__________ Sanjay Karol, ACJ. (oral)
Undisputedly, issues involved in the present appeal already stand adjudicated by this Court in ITA No.20 of 2015, titled as M/s Stovekraft India V. Commissioner of Income Tax, decided on 28.11.2017. 2.
As such, making the directions in M/s Stovekraft India (supra) applicable mutatis mutandi, also to the present appeal, the same is disposed of.
Pending application(s), if any, also stands disposed of accordingly.
( Sanjay Karol),
Acting Chief Justice
14th March, 2018
( Sandeep Sharma ), ( shankar/manjit)
Judge.
Recent GST High Court judgments
Search GST case law →- Paramount Tea Marketing PVT. LTD. vs. Union Of INDIA And 3 OrsGauhati · 4 Nov 2026
- Md. Junaid vs. The State Of BiharPatna · 4 Nov 2026
- M/S Sanjeevini Health Care vs. M/S.Vijayalakshmi And AssociatesKarnataka · 4 Nov 2026
- Trilok Chandra vs. State Tax OfficerUttarakhand · 4 Nov 2026
- Basant Ballabh Punetha vs. State Of UttarakhandUttarakhand · 4 Nov 2026