The Commissioner Of Income Tax-Ii, Ludhiana v. M/S Avon Cycles Ltd

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA No. 156 of 2012 (O&M) Date of decision: 28.01.2013 The Commissioner of Income Tax-II, Ludhiana ...Petitioner versus M/s Avon Cycles Ltd. ..Respondent CORAM: HON'BLE MR. JUSTICE HEMANT GUPTAHON'BLE MS. JUSTICE RITU BAHRI Present:- Ms. Savita Saxena, Advocatefor the appellant. *** HEMANT GUPTA, J. The Revenue is in appeal under Section 260A of the Income TaxAct, 1961 (for short 'the Act') against an order dated 17.11.2011 passedby the Income Tax Appellate Tribunal, Chandigarh Bench 'B' Chandigarh(for short 'the Tribunal') in ITA No. 604/CHD/2011 for the assessment year2006-07. The Revenue has framed the following substantial questions oflaw:- “Whether on the facts as well as in law, theHon'ble ITAT was right in dismissing the appeal of therevenue in holding that the order under Section 263 of theIncome Tax Act, 1961 has been quashed by the Hon'bleITAT? Whether the Hon'ble ITAT was justified in holdingas above despite the appeal of the department having beenfiled and pending before the Hon'ble High Court against theorder of ITAT quashing order under Section 263?” The said questions of law are consequential to the Revenue'searlier appeal i.e ITR No. 386 of 2011, which was dismissed on02.04.2012, wherein the order of the Tribunal deleting the disallowanceunder Section 14(A) of the Income Tax Act was upheld. In view of the said fact, we do not find that any substantialquestion of law arises for consideration by this Court in the present appeal.Dismissed. (HEMANT GUPTA) JUDGE January 28, 2013G.Arora/Vimal ( RITU BAHRI ) JUDGE