COMMISSIONER OF INCOME TAX, HISAR vs. M/S PARKASH INDUSTRIES LTD.

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ITA/813/2010HC Punjab & HaryanaPHHC01108194201029 January 2024Author: MR. JUSTICE AJAY KUMAR MITTAL,MR. JUSTICE GURMEET SINGH SANDHAWALIA1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the appeal filed by the revenue was not maintainable. The Court observed that the tax effect in dispute was Rs.79.28 Lakhs, which was below the limits prescribed by CBDT Circular No.17/2019 dated 08.08.2019 read with Circular No.3/2018 dated 11.07.2018 for filing appeals under Section 260A. The Court noted that these circulars are retrospective and applicable to pending cases. Therefore, the appeal was dismissed on the grounds of maintainability. No decision was made on the merits of the ITAT's order.

What were the facts?

The appeal was filed by the Commissioner of Income Tax, Hisar (appellant/revenue) against an order of the Income Tax Appellate Tribunal (ITAT), Delhi Bench, New Delhi dated 15.05.2009. The ITAT's order pertained to ITA No.427/DEL/2006 for the Assessment Year 1995-1996. The assessee is M/s Parkash Industries Ltd. The tax effect in dispute was Rs.79.28 Lakhs. The appeal was filed under Section 260A of the Income Tax Act, 1961.

What were the issues?

1. Whether the appeal filed by the revenue is maintainable in light of the monetary limits prescribed by CBDT Circular No.17/2019 dated 08.08.2019 read with Circular No.3/2018 dated 11.07.2018. The revenue contended that the appeal was maintainable as it was filed under Section 260A of the Income Tax Act, 1961. The revenue did not explicitly argue on the maintainability based on the circulars. The judgment does not record any specific arguments from the revenue regarding the merits of the ITAT's order or the applicability of the circulars in detail, other than the fact that the appeal was filed under Section 260A. The judgment does not record any arguments from the assessee.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

Neutral Citation No. 2024:PHHC:011435-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (204)

ITA-813-2010 (O&M) Decided on : 29.01.2024 Commissioner of Income Tax, Hisar

……Appellant(s) Versus M/s Parkash Industries Ltd.

……Respondent(s)

CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA HON'BLE MS.JUSTICE LAPITA BANERJI

Present: Ms. Gauri Neo Rampal Opal, Senior Standing Counsel

for the appellant.

Mr. Lalit Thakur, Advocate for the respondent.

***** G.S. Sandhawalia, J. (Oral)

The present appeal has been filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Delhi Bench, New Delhi dated 15.05.2009 in ITA No.427/DEL/2006 regarding the Assessment Year 1995-1996

2.

As per the grounds of appeal the tax effect is of Rs.79.28 LAKHS which is apparently below the limits prescribed by the CBDT Circular No.17/2019 dated 08.08.2019 read with Circular No.3/2018 dated 11.07.2018 for filing appeal under Section 260A.

3.

A perusal of the said circulars would go on to show that same are retrospective, applicable to the pending cases also.

4.

In such circumstances, the present appeal is dismissed as not maintainable.

(G.S. SANDHAWALIA) JUDGE

(LAPITA BANERJI) 29.01.2024

JUDGE Naveen

Whether speaking/reasoned : Yes

Whether Reportable :

No NAVEEN NAGPAL 2024.01.30 10:00 I attest to the accuracy and authenticity of this document

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