PR. COMMISSIONER OF INCOME TAX GURGAON vs. M/S SAB INDUSTRIES LTD

ITA/67/2017HC Punjab & HaryanaPHHC01117807201720 February 2020Author: MR JUSTICE JASWANT SINGH,MR. JUSTICE SANT PARKASH2 pages
AI SummaryWithdrawn

What were the facts?

The Revenue, Pr.Commissioner of Income Tax (Central) Gurgaon, filed an appeal under Section 260-A of the Income Tax Act, 1961, against an order dated 10.8.2016 passed by the Income Tax Appellate Tribunal (ITAT), Chandigarh. The ITAT had allowed the appeal of the assessee, M/s SAB Industries Limited, and set aside an addition of Rs. 2,52,38,636/- to the assessee's income for Assessment Year 2009-10. This addition, which resulted in a demand of Rs. 81,61,350/-, was initially made by the Assessing Officer and partly upheld by the CIT(A). The appeal was heard by the High Court of Punjab & Haryana.

What did the High Court hold?

The High Court dismissed the appeal as withdrawn. The learned counsel for the Revenue sought permission to withdraw the appeal in view of Circular No. 17 dated 8.8.2019, which raised the monetary limit for filing appeals before the High Court to Rs. 1 Crore. The tax liability in the present appeal was Rs. 81,61,350/-, which was below the revised monetary limit. Therefore, the appeal was not pressed on merits and was disposed of accordingly. No decision was made on the substantive issues of the appeal.

What were the issues?

1. Whether the addition of Rs. 2,52,38,636/- to the income of the assessee for Assessment Year 2009-10, leading to a demand of Rs. 81,61,350/-, was justified. This issue turns on the facts and circumstances leading to the addition and the subsequent appellate orders. Contentions: Assessee: The assessee's appeal was allowed by the ITAT, implying the addition was found to be unjustified. Specific arguments made by the assessee before the ITAT are not detailed in this judgment. Revenue: The Revenue is challenging the ITAT's order that set aside the addition. The Revenue's appeal is based on the premise that the addition made by the Assessing Officer and partly upheld by the CIT(A) should have been sustained. Specific arguments made by the Revenue before the High Court are not detailed, other than the reason for withdrawal.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision:20.02.2020. Pr.Commissioner of Income Tax (Central)Gurgaon ..............Appellant. v. M/s SAB Industries Limited. ..............Respondent Coram: Hon'ble Mr.Justice Jaswant Singh Hon'ble Mr.Justice Sant Parkash Present:- Ms.Harpreet Kaur,Advocate for Mr.Kamal Sharma,Senior Standing Counsel for appellant. Jaswant Singh,J(Oral). Revenue is in appeal under Section 260-A of the Income Tax Act,1961 against the order dated 10.8.2016(A-3) passed by Income Tax Appellate Tribunal, Division Bench,Chandigarh, whereby

the appeal filed by respondent-assessee was allowed and addition of Rs.2,52,38,636/- in the income of assessee for the Assessment Year 2009-10 and creating a demand of Rs.81,61,350/-, by the Assessing Officer vide Annexure A-1 and partly upheld by Ld.CIT(A) vide order dated 18.1.2013 (A-2), was set aside. At the time of hearing learned counsel seeks permission to withdraw the present appeal in view of Circular No.17, dated 8.8.2019 issued by the Authorities concerned, whereby limit to file the appeal before this Court has been raised to Rs.1 Crore, whereas tax RAJ

The order continues below.

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