This Court In Ita v. M/S Abc Papers

ITA No.396 of 2018 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA|AT CHANDIGARH ITA No.396 of 2018 (O&M)Date of decision : 11.07.2019 Pr. Commissioner of Income Tax-1, Chandigarh ...... Appellant VeTSuU M/s Kuantum Paper Ltd., SCO 18-19, First FloorSector 8-C, Madhya Marg, Chandigarh. ...... Respondent CORAM: HON'BLE MR.JUSTICE AJAY TEWARTHON'BLE MR.JUSTICEHARNARESH SINGH GILL /// Present ;Mr. Yogesh Putney, Advocate andMr. Ajiteshwar Singh, Advocatefor the appellant. /// AJAY TEWARI, J. (Oral) CM3244733Cll32018 For the reasons recorded, the application is allowed. Delayof 36 days in re-filing the appeal is condoned. Main case This appeal has been filed under Section 260A of the Income Tax Act, 1961 (for short ‘the Act’) against the order of the Income TaxAppellate Tribunal, Delhi Bench “D”’, New Delhi in ITANo. 1340/Del/2017 dated 01.09.2017 for the Assessment Year 2007-2008 This Court in ITA No.130 of 2018 passed in |Pr,Commissioner of Income Tax-l, Chandigarh Vs. M/s ABC Papers Limited,decided on 07.02.2019 has already disposed of the matter ITA No.396 of 2018 (O&M) 2 involving the identical issues. Today the learned counsel for the appellant has argued that itwould actually be this Court which would have the jurisdiction in view ofSection 127 (4) of the Act as interpreted by the Delhi High Court inCommissioner of Income Tax Vs. AAR BEE Industries, Income TaxReports, Vol. 357 (542). In our considered opinion, this Court would be bound by thedecision of the Division Bench of this Court which was rendered inTheCommissioner ofIncome Tax, Faridabad Vs. M/s Motorola India Ltd.,|(2010) 326 ITR 156and in ITA No.130 of 2018 decided on 07.02.2019titled as Pr. Commissioner ofIncome Tax-1, Chandigarh Vs. M/s ABCPapers Limitedandconsequently return the same in original forpresentation in the competent Court ofjurisdiction. Appeal stands disposed of. Since the main case has been disposed of, the pending C.M.Application, if any, also stands disposed of, (AJAY TEWARITJUDGE July 11, 2019pooja sharma-l (HARNARESH SINGH GILL)JUDGE Whether speaking/reasoned Whether Reportable | Yes/NoYes/No