Case Note & Summary
The Commissioner of Income Tax-2, Mumbai, appealed against HDFC Bank Ltd. under the Income Tax Act, 1961. The appeal was heard by a Division Bench of the Bombay High Court. The parties agreed that the substantial question of law framed in this appeal was identical to question 'A' in Income Tax Appeal No.330 of 2012, which had been decided on the same day. Relying on that judgment, the court found that no substantial question of law arose in this appeal. Consequently, the appeal was dismissed with no order as to costs.
Headnote
A) Income Tax - Substantial Question of Law - Identical Issue - The appeal raised a question of law identical to that in Income Tax Appeal No.330 of 2012, which was decided against the Revenue. Following that decision, the court held that no substantial question of law arises in this appeal. (Para 1)
Issue of Consideration
Whether the appeal raises any substantial question of law.
Final Decision
The appeal is dismissed. No order as to costs.
Law Points
- Substantial question of law
- Identical issue
- Dismissal of appeal
Case Details
2014 LawText (BOM) (07) 92
Income Tax Appeal No.329 of 2012
S.C. Dharmadhikari, B.P. Colabawalla
Mr Suresh Kumar for the Appellant, Mr J.D. Mistry, Sr. Counsel with Mr Atul Jasani for the Respondent
Commissioner of Income Tax-2, Mumbai
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Nature of Litigation
Income tax appeal by Revenue against assessee bank.
Remedy Sought
Revenue sought to challenge the order of the Income Tax Appellate Tribunal on a substantial question of law.
Filing Reason
Revenue believed that the appeal raised a substantial question of law.
Previous Decisions
Income Tax Appeal No.330 of 2012 was decided on the same day, holding that no substantial question of law arose.
Issues
Whether the appeal raises any substantial question of law.
Submissions/Arguments
It was common ground that the substantial question of law was identical to that in Income Tax Appeal No.330 of 2012.
Ratio Decidendi
An appeal that raises a question of law identical to one already decided against the appellant does not involve any substantial question of law and must be dismissed.
Judgment Excerpts
It is common ground before us that the substantial question of law framed in this Appeal is identical to question 'A' in Income Tax Appeal No.330 of 2012, which has been decided by us today.
Procedural History
The appeal was filed by the Commissioner of Income Tax-2 against HDFC Bank Ltd. under the Income Tax Act. It was heard by a Division Bench of the Bombay High Court on 10 July 2014 and judgment was pronounced on 23 July 2014.
Acts & Sections
