Pr. Commissioner Of Income Tax, Gurgaon v. M/S Jindal Steel And Power Ltd.

-1ITA No.176 of 2017 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

ITA No.176 of 2017 (O&M) Date of decision: 28.04.2017 The Pr. Commissioner of Income Tax, Gurgaon ....Petitioner

Versus

Jindal Steel & Power Limited, Hisar ....Respondent CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Tajender K. Joshi, Sr. Standing Counsel, for the appellant-revenue.

AJAY KUMAR MITTAL, J. (ORAL) This appeal has been filed under Section 260A of the Income Tax Act, 1961(in short 'the Act') against the order dated 05.08.2016 passed by the Income Tax Appellate Tribunal, Delhi Bench, 'G', New Delhi, claiming following substantial questions of law:- "1. Whether the Hon'ble ITAT has acted in contravention to the Second Proviso to Section 254(2A) of the Income Tax Act, 1961, as the combined period of stay has exceeded 365 days?

2. Whether the order of the ITAT be treated as void ab initio in light of Third Proviso to Section 254(2A) of the Income Tax Act, 1961, which provides that 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.?"

2.

It was not disputed by learned counsel for the appellant-revenue that the matter in issue is no longer res integra and stands concluded by the decision of this Court in ITA No. 5 of 2016 decided on 25.04.2016, Ravinder Singh 2017.05.01 11:09 I attest to the accuracy and authenticity of this document

-2ITA No.176 of 2017 (O&M) whereby identical question as claimed in the present appeal, has been held not to be substantial question of law.

3.

For the reasons recorded in the aforementioned appeal, the present appeal is dismissed.

(AJAY KUMAR MITTAL) JUDGE (RAMENDRA JAIN) April 28, 2017 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No Ravinder Singh 2017.05.01 11:09 I attest to the accuracy and authenticity of this document