CIT, HISAR vs. M/S PARKASH INDUSTRIES LTD.

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ITA/727/2010HC Punjab & HaryanaPHHC01093692201029 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 of Rs. 79.28 lakhs was below the limits prescribed by CBDT Circular No. 17/2019 read with Circular No. 3/2018 for filing appeals under Section 260A. The Court further 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 case.

What were the facts?

The Commissioner of Income Tax, Hisar (the appellant/revenue) filed an appeal under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal (ITAT), Delhi Bench, dated 23.07.2009. The appeal pertained to the Assessment Year 1995-1996 and concerned M/s Parkash Industries Ltd. (the respondent/assessee). The tax effect in dispute was Rs. 79.28 lakhs. The High Court noted that this amount was below the monetary limits prescribed by CBDT Circular No. 17/2019 and Circular No. 3/2018 for filing appeals under Section 260A. The circulars were stated to be retrospective and applicable to pending cases.

What were the issues?

1. Whether the appeal filed by the revenue is maintainable in light of the monetary limits prescribed by CBDT Circulars No. 17/2019 and 3/2018, which are retrospective and applicable to pending cases. The revenue argued that the appeal was maintainable. The assessee contended that the appeal was not maintainable due to the tax effect being below the prescribed monetary limits as per the relevant CBDT circulars, which are applicable retrospectively. The revenue did not record any specific argument against this contention.

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:011439-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (204-A)

ITA-727-2010 (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 23.07.2009 in ITA No.1239/DEL/2008 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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