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2019 (7) TMI 996 - HC - Income TaxRectification u/s 254 - combined period of stay has exceeded 365 days - stay of demand stands vacated after expiry of a period of 365 days, even if delay in disposal of appeal is not attributable to the assessee - HELD THAT - The issue is covered against the Revenue by a Division Bench judgment of this Court in ' The Principal Commissioner of Income Tax, Gurgaon Vs. M/s Mitsubishi Electric Automotive India Pvt. Ltd., Manesar, Gurgaon' 2019 (5) TMI 1656 - PUNJAB AND HARYANA HIGH COURT
Issues:
- Appeal filed under Section 260A of the Income Tax Act, 1961 against the order dated 13.04.2018 passed by the Income Tax Appellate Tribunal, Delhi Bench. - Acceptance by the counsel for the appellant-revenue that the issue is covered against the Revenue by a Division Bench judgment of the High Court. - Dismissal of the main case and the pending C.M. Application. Analysis: The judgment pertains to an appeal filed under Section 260A of the Income Tax Act, 1961 against the order dated 13.04.2018 passed by the Income Tax Appellate Tribunal, Delhi Bench. It is noted that the counsel for the appellant-revenue acknowledged that the issue in question is already settled against the Revenue by a Division Bench judgment of the High Court in a previous case titled as 'The Principal Commissioner of Income Tax, Gurgaon Vs. M/s Mitsubishi Electric Automotive India Pvt. Ltd., Manesar, Gurgaon', decided on 16.05.2019. Consequently, the appeal was dismissed in the same terms as the earlier judgment. Moreover, since the main case has been dismissed based on the aforementioned Division Bench judgment, any pending C.M. Application was also deemed dismissed. This indicates that the decision in the referenced case has a direct impact on the outcome of the present appeal, leading to its dismissal. The acceptance of the precedent set by the Division Bench judgment underscores the importance of legal precedents and their role in guiding decisions in similar cases. The clear reference to the specific case and judgment that influenced the decision adds clarity and authority to the dismissal of the current appeal.
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