Facts of the Case

The Revenue filed an appeal before the Delhi High Court against the order dated 20 January 2017 passed by the Income Tax Appellate Tribunal in relation to Assessment Year 2008–09. The Tribunal had granted relief to Punjab & Sind Bank. The Revenue challenged the said order by raising questions of law under Section 260A.

During hearing, the Court noted that identical issues had already been examined in ITA No. 602/2017 for Assessment Year 2009–10, wherein the issues had been decided in favour of the assessee and against the Revenue. Considering the similarity of the questions involved, the Court proceeded to examine whether any separate adjudication was necessary in the present appeal.

Issues Involved

  1. Whether the Revenue had raised any substantial question of law under Section 260A warranting interference by the High Court?
  2. Whether issues already decided in favour of the assessee in a connected assessment year could be reopened on identical facts?
  3. Whether the order of the ITAT required judicial interference?

 Petitioner’s Arguments (Revenue)

  • The Revenue contended that the ITAT had erred in granting relief to the assessee.
  • It was argued that the Tribunal’s findings were not sustainable in law and required reconsideration by the High Court under Section 260A.
  • The Revenue pressed for adjudication of the substantial questions arising from the Tribunal’s order.

 Respondent’s Arguments (Assessee – Punjab & Sind Bank)

  • The assessee submitted that the issues involved were identical to those already adjudicated by the High Court in the connected appeal for Assessment Year 2009–10.
  • It was argued that judicial consistency required the same treatment in the present appeal.
  • The assessee maintained that no fresh substantial question of law arose for consideration.

 Court Findings / Observations

The Delhi High Court observed that the questions raised in the present appeal were substantially similar to those considered in ITA No. 602/2017 concerning Assessment Year 2009–10.

The Court noted that those questions had already been answered in favour of the assessee. Since the factual and legal matrix remained materially the same, there was no reason to take a divergent view.

The Court applied the principle of consistency and judicial discipline and found no merit in the Revenue’s appeal.

 Court Order / Final Decision

The Delhi High Court dismissed the Revenue’s appeal and upheld the relief granted to Punjab & Sind Bank by the Income Tax Appellate Tribunal.

The Court held that in light of the earlier decision on identical questions, the present appeal did not warrant separate consideration and stood dismissed.

 Important Clarification


A correction order dated 26.09.2017 was passed by the Court rectifying paragraph 4 of the original order to correct the ITAT appeal number from ITA No. 5233/Del/2012 to ITA No. 5253/Del/2012. This correction was procedural in nature and did not alter the substantive findings or the dismissal of the Revenue’s appeal. 


Link to download the order -https://delhihighcourt.nic.in/app/case_number_pdf/2017:DHC:8946-DB/SMD18092017ITA7352017_165641.pdf

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