SAI BLISS DURGS AND PHARMACEUTICALS vs. COMMISSIONER OF INCOME TAX

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ITA/36/2017HC Himachal PradeshHPHC01000447201726 February 2018Bench: HONOURABLE MR. JUSTICE SANJAY KAROL, THE ACTING CHIEF JUSTICE,HON'BLE MR. JUSTICE AJAY MOHAN GOEL4 pages

AI SummaryRemanded

What did the High Court hold?

The High Court held that the issues involved in the present appeals had already been adjudicated by the court in the case of M/s Stovekraft India v. Commissioner of Income Tax, decided on November 28, 2017. Consequently, the court applied the directions from the Stovekraft India judgment to the present appeals, disposing of them accordingly. The reasoning is based on the principle of stare decisis, where a prior decision on similar issues by the same court is binding. The operative direction was to dispose of the appeals in line with the precedent. Any pending applications were also disposed of accordingly. No specific issue was left undecided; the entire batch of appeals was resolved by applying the prior ruling.

What were the facts?

The judgment concerns a batch of 21 Income Tax Appeals (ITAs) filed before the High Court of Himachal Pradesh. The appellants are various entities including M/s Hycron Electronics, M/s Usaka Electricals, M/s R.R. Lamps, M/s V.R. Paper Cone Industries, Captab Biotech, Aqua Vitoe Laboratories, Sai Bliss Drugs & Pharmaceuticals, M/s Mahabir Industries, M/s Sri Sai Print Pack Industries, M/s Shri Ram Print N Pack, M/s Asa Bioctech, M/s Curetech Skincare, M/s Pharma Chemico Laboratories, and Shri Rajeev Aggarwal. The respondent in all appeals is the Principal Commissioner of Income Tax. The appeals were filed against orders or actions of the revenue. The judgment notes that certain points required clarification, and submissions from the respondent were completed. The matter was re-heard for clarifications from the appellants.

What were the issues?

The primary issue before the High Court was whether the appeals could be disposed of based on a previous decision of the same court. The judgment states that the issues involved in the present appeals have already been adjudicated by the High Court in ITA No.20/2015, titled M/s Stovekraft India v. Commissioner of Income Tax, decided on 28.11.2017. The court was to decide if the principles from the Stovekraft India judgment could be applied mutatis mutandis to the present appeals. The appellants were to provide clarifications. The revenue had completed its submissions. The court needed to determine the applicability of the precedent to the current set of appeals.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

ITAs No.25 of 2015; 4,26,39 of 2016;13,15, 27,34,35,36,41,42,43,47,49,50,51,52,53, 54 and 61 of 2017.

Reserved on : 17.11.2017 Re-heard on : 26.2.2018

Date of Decision : February 26, 2018

ITA No.25 of 2015 M/s Hycron Electronics

…Appellant. versus Principal Commissioner of Income Tax …Respondent. 2. ITA No.4 of 2016 M/s Usaka Electricals

…Appellant. versus Principal Commissioner of Income Tax …Respondent. 3. ITA No.26 of 2016 M/s Usaka Electricals

…Appellant. versus Principal Commissioner of Income Tax …Respondent. 4. ITA No.39 of 2016 M/s Hycron Electronics

…Appellant. versus Principal Commissioner of Income Tax …Respondent. 5. ITA No.13 of 2017 M/s R.R. Lamps

…Appellant. versus Principal Commissioner of Income Tax …Respondent. 6. ITA No.15 of 2017 M/s R.R. Lamps

…Appellant. versus Principal Commissioner of Income Tax …Respondent.

…2…

ITA No.27 of 2017 M/s V.R. Paper Cone Industries

…Appellant. versus Principal Commissioner of Income Tax …Respondent. 8. ITA No.34 of 2017 Captab Biotech

…Appellant. versus Principal Commissioner of Income Tax …Respondent. 9. ITA No.35 of 2017 Aqua Vitoe Laboratories

…Appellant. versus Principal Commissioner of Income Tax …Respondent. 10. ITA No.36 of 2017 Sai Bliss Drugs & Pharmaceuticals

…Appellant. versus Principal Commissioner of Income Tax …Respondent. 11. ITA No.41 of 2017 M/s Mahabir Industries

…Appellant. versus Principal Commissioner of Income Tax …Respondent. 12. ITA No.42 of 2017 M/s Sri Sai Print Pack Industries

…Appellant. versus Principal Commissioner of Income Tax …Respondent. 13. ITA No.43 of 2017 M/s Sri Sai Print Pack Industries

…Appellant. versus Principal Commissioner of Income Tax …Respondent. 14. ITA No.47 of 2017 M/s Shri Ram Print N Pack

…Appellant.

…3…

versus Principal Commissioner of Income Tax …Respondent. 15. ITA No.49 of 2017 M/s Shri Ram Print N Pack

…Appellant. versus Principal Commissioner of Income Tax n…Respondent. 16. ITA No.50 of 2017 M/s Asa Bioctech

…Appellant. versus Principal Commissioner of Income Tax …Respondent. 17. ITA No.51 of 2017 M/s Curetech Skincare

…Appellant. versus Principal Commissioner of Income Tax …Respondent. 18. ITA No.52 of 2017 M/s Curetech Skincare

…Appellant. versus Principal Commissioner of Income Tax …Respondent. 19. ITA No.53 of 2017 M/s Pharma Chemico Laboratories

…Appellant. versus Principal Commissioner of Income Tax …Respondent. 20. ITA No.54 of 2017 M/s Asa Bioctech

…Appellant. versus Principal Commissioner of Income Tax …Respondent. 21. ITA No.61 of 2017 Shri Rajeev Aggarwal

…Appellant. versus Principal Commissioner of Income Tax …Respondent.

…4…

Coram: The Hon’ble Mr. Justice Sanjay Karol, Acting Chief Justice. The Hon’ble Mr. Justice Ajay Mohan Goel, Judge. For the Appellants : Mr. Vishal Mohan, Mr. Chandranarayana Singh, Mr. Amit Singh Chandel, Mr. Pardeep Kumar Sharma, Mr. Navlesh Verma & Mr. Nikhil Guleria, Mr. Shshant Keprate, Advocates.

For the Respondent : Mr. Vinay Kuthiala, Senior Advocate, with Ms Vandana Kuthiala, Advocate.

Sanjay Karol, Acting Chief Justice

Certain points required clarifications. Mr. Vinay Kuthiala, learned Senior Advocate, assisted by Ms.Vandana Kuthiala, learned counsel, has already completed his submissions. Matter was listed for clarifications only from the appellants. Re-heard. 2.

Undisputedly, issues involved in the present appeals already stand adjudicated by this Court in ITA No.20/2015, titled as M/s Stovekraft India v. Commissioner of Income Tax, decided on 28.11.2017. 3.

As such, making the directions in M/s Stovekraft India (supra) applicable mutatis mutandi, also to the present appeals, the same are disposed of.

Pending application(s), if any, also stand disposed of accordingly.

( Sanjay Karol ),

Acting Chief Justice

( Ajay Mohan Goel ), February 26, 2018(sd)

Judge.

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