Punjab Police Housing Corporation Ltd. v. The Principal Chief Commissioner of Income-tax & ors
[Citation -2020-LL-0227-34]

Citation 2020-LL-0227-34
Appellant Name Punjab Police Housing Corporation Ltd.
Respondent Name The Principal Chief Commissioner of Income-tax & ors.
Court HIGH COURT OF PUNJAB & HARYANA
Relevant Act Income-tax
Date of Order 27/02/2020
Judgment View Judgment
Bot Summary: AJAY TEWARI, J. 1 This order shall dispose of above mentioned seven petitions. Since common questions of law and facts are involved therein, they are being decided by this common order. 2 of 3 ::: Downloaded on - 23-03-2020 11:24:40 ::: -3- 2 These seven writ petitions involve the same issue. In some cases the petitioners have challenged the notice, in some cases the assessment and in other levy of penalty. In all of them the petitioners have challenged the notices or orders passed under Section 148 read with Section 144 of the Income Tax Act, 1961 or the consequent proceedings; those in turn had been passed on a premise that certain amount of money belonged to the petitioners-assessee. 3 Both the learned counsel have very fairly agreed that most appropriate course of action would be that all the impugned orders are quashed and the same be re-decided after considering the objections of the petitioners. 4 Learned counsel appearing for the petitioners has further agreed that the petitioners would not raise the plea of limitation.


IN HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 27.02.2020 CWP No.29006 of 2017 (O&M) M/s Punjab Police Housing Corporation Ltd. Petitioner versus Principal Chief Commissioner of Income Tax & ors. ...... Respondents CWP No.29007 of 2017 (O&M) M/s Punjab Police Housing Corporation Ltd. ...... Petitioner versus Principal Chief Commissioner of Income Tax & ors. ...... Respondents CWP No.10043 of 2018 (O&M) M/s Punjab Police Housing Corporation Ltd. ...... Petitioner versus Principal Commissioner of Income Tax-2 & anr. ...... Respondents CWP No.10499 of 2019 (O&M) M/s Punjab Police Housing Corporation Ltd. ...... Petitioner versus Principal Chief Commissioner of Income Tax & ors. ...... Respondents 1 of 3 ::: Downloaded on - 23-03-2020 11:24:40 ::: -2- CWP No.2123 of 2018 (O&M) M/s Punjab Police Housing Corporation Ltd. ...... Petitioner versus Principal Chief Commissioner of Income Tax & ors. ...... Respondents CWP No.17383 of 2018 (O&M) M/s Punjab Police Housing Corporation Ltd. ...... Petitioner versus Additional Commissioner of Income Tax & anr. ...... Respondents CWP No.17378 of 2018 (O&M) M/s Punjab Police Housing Corporation Ltd. ...... Petitioner versus Additional Commissioner of Income Tax & ors. ...... Respondents CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MR.JUSTICE AVNEESH JHINGAN *** Present :- Mr. Sanjay Bansal, Senior Advocate with Mr. Amit Prasad, Advocate and Mr. B.M.Monga, Advocate for appellant. Ms. Urvashi Dhugga, Advocate for respondent. *** AJAY TEWARI, J. (Oral) 1 This order shall dispose of above mentioned seven petitions. Since common questions of law and facts are involved therein, they are being decided by this common order. 2 of 3 ::: Downloaded on - 23-03-2020 11:24:40 ::: -3- 2 These seven writ petitions involve same issue. In some cases petitioners have challenged notice, in some cases assessment and in other levy of penalty. In all of them petitioners have challenged notices or orders passed under Section 148 read with Section 144 of Income Tax Act, 1961 or consequent proceedings; those in turn had been passed on premise that certain amount of money belonged to petitioners-assessee. In ITA No.326 of 2015 decided on 03.02.2020 this Court, as regard same issue held that that amount of money (interest component) could not be treated as income of petitioners-assessee. 3 Both learned counsel have very fairly agreed that most appropriate course of action would be that all impugned orders are quashed and same be re-decided (along with those notices which have also been challenged) after considering objections of petitioners. 4 Learned counsel appearing for petitioners has further agreed that petitioners would not raise plea of limitation. 5 Petitions stand disposed of. 6 Since main cases have been decided, pending Applications, if any, also stand disposed of. ( AJAY TEWARI ) JUDGE ( AVNEESH JHINGAN ) JUDGE 27.02.2020 pooja sharma-I Whether speaking/reasoned Yes/No Whether Reportable : Yes/No 3 of 3 ::: Downloaded on - 23-03-2020 11:24:40 ::: Punjab Police Housing Corporation Ltd. v. Principal Chief Commissioner of Income-tax & or
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