The Principal Commissioner Of Income Tax, Gurgaon v. M/S Teradata India (P) Ltd

ITA-264-2017 (O&M) 1 114IN THE HIGH COURT OF PUNJAB AND HARYANA|AT CHANDIGARH ITA-264-2017 (O&M)Date of decision : 20.07.2017 The Principal Commissioner of Income Tax, Gurgaon Versus M/s Teradata India (P) Ltd. ... appellant(s) ... Respondent(s) CORAM:HON'BLE MR. JUSTICE AJAY KUMAR MITTALHON'BLE MR. JUSTICE AMIT RAWAL Present:Mr. Tajender K. Joshi, Senior Standing Counselfor the appellant-revenue. FE 28 AJAY KUMAR MITTALb>J.(QRAL) This appeal has been filed under Section 260A of the IncomeTax Act, 1961(in short ‘the Act’) against the order dated 09.09.2016 passedby the Income Tax Appellate Tribunal, Delhi Bench, “FRIDAY”, NewDelhi, claiming following substantial questions of law:-_ *“ 1. Whether the Hon'ble [TAT has acted in contravention othe second Proviso of 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.voidabinitioinlight of Third Proviso to Section 254(2A) of the Income TaxAct, 1961, which provides that stay of demand stands vacatedafter expiry of a period of 365 days, even if delay in disposal ofappeal 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 longerYreintegraand standsconcluded by the decision of this Court inITA No.5 of 2016titled as ITA-264-2017 (O&M) 2 éPrincipal Commissioner of Income Tax, Gurgaon V/s M/s Carrier Air'Conditioning and Refrigeration Limited>decided on 25.04.2016, wherebyidentical question as claimed in the present appeal, has been held not to besubstantial question of law. | 3,For the reasons recorded in the aforementioned appeal, thepresent appeal is dismissed. (AJAY KUMAR MITTAL )-JUDGE 20.07.2017Yogesh Sharmal ( AMIT RAWAL) >JUDGEWhether speaking/reasonedYes/ No Whether ReportableYes/ No