9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (9) TMI 157 - HC - Income TaxStay order - whether the stay of demand stands vacated after expiry of a period of 365 days, even if delay in disposal if appeal is not attributable to the assessee - HELD THAT - The issue is covered against the Revenue by the Division Bench judgment titled as The Principal Commissioner of Income Tax, Gurgaon Versus M/s Mitsubishi Electric Automotive Indsia Pvt. Ltd., Manesar, Gurgaon 2019 (5) TMI 1656 - PUNJAB AND HARYANA HIGH COURT Dismissed in the same terms.
Issues:
1. Appeal filed under Section 260A of the Income Tax Act against the order of the Income Tax Appellate Tribunal. 2. Issue covered against the Revenue by a Division Bench judgment of the Court in a related case. Analysis: 1. The judgment pertains to an appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Delhi Benches. The appeal was related to a Stay Application No.340/Del/2018 arising out of ITA No. 2403/Del/2017 for the Assessment Year 2008-2009. The counsel for the appellant-revenue accepted that the issue in question was covered against the Revenue by a Division Bench judgment of the Court in a specific case titled as The Principal Commissioner of Income Tax, Gurgaon Versus M/s Mitsubishi Electric Automotive India Pvt. Ltd., Manesar, Gurgaon, decided on 16.05.2019. 2. The judgment states that the issue raised in the present appeal is already settled against the Revenue by the Division Bench judgment in a prior case. Therefore, the Court dismissed the present appeal in the same terms as the earlier judgment. Additionally, since the main case was dismissed, any pending Case Management (CM) related to the matter was also disposed of accordingly. The judgment succinctly concludes the matter by stating that the appeal is dismissed in line with the Division Bench's decision, thereby upholding the precedent established in the related case. This comprehensive analysis outlines the key issues involved in the judgment, highlighting the legal context and the decision rendered by the Court based on the precedent set by a previous Division Bench judgment.
|
