COMMISSIONER OF INCOME TAX vs. M/S ENBEE RESORTS LIMITED,

ITA/124/2011HC Madhya PradeshMPHC01043657201108 November 20191 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn, granting the Revenue the liberty to file an application for revival of the appeal as prayed. The Court clarified that the withdrawal of the appeal by the Revenue would not be considered an affirmation of the Tribunal's order on merits. Furthermore, the legal issue claimed by the Revenue was explicitly left open to be adjudicated in an appropriate future case. The operative direction was the dismissal of the appeal with liberty granted.

What were the facts?

The appeal was filed by the Commissioner of Income Tax, Bhopal (Revenue) against an order of the Income Tax Appellate Tribunal (ITAT). The assessee is M/s Enbee Resorts Ltd. The specific assessment year(s) are not mentioned in the provided text. The Revenue sought to withdraw the appeal due to the tax effect being less than Rs. 1 Crore, citing Circular No. 17/2019 dated 08.08.2019. The Revenue requested liberty to file an application for revival of the appeal if necessary. The High Court dismissed the appeal as withdrawn.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn by the Revenue in view of the tax effect being less than Rs. 1 Crore and Circular No. 17/2019. The Revenue argued that it had instructions to withdraw the appeal based on the aforementioned circular, as the tax effect was below the threshold. The Revenue also prayed for liberty to revive the appeal if circumstances warranted. The judgment does not record any arguments from the assessee.

AI-generated summary — verify with the full judgment below

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THE HIGH COURT OF MADHYA PRADESH

ITA No.124/2011 (Commissioner of Income Tax, Bhopal Vs. M/s Enbee Resorts Ltd.)

Jabalpur, Dated : 08.11.2019

Shri Sanjay Lal, Advocate for the appellant. Learned counsel for the appellant-revenue states that since the tax effect involved is less than Rs.1 Crore, he has instructions to withdraw the present appeal in view of the Circular No.17/2019 dated 8.8.2019 issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes (Judicial Section), New Delhi. However, he prayed that liberty be granted to the Revenue to file an application for revival of the appeal, in case something survives therein. Accordingly, this appeal is dismissed as withdrawn with liberty as prayed for. It is, however, clarified that withdrawal of the appeal by the Revenue shall not be taken to be affirmation of order of the Tribunal on merits. Further, the legal issue as claimed by the Revenue is being left open to be adjudicated in an appropriate case.

(Ajay Kumar Mittal) (Sanjay Yadav) Chief Justice

Judge

C. Digitally signed by CHRISTOPHER PHILIP Date: 2019.11.19 16:36:26 +05'30'

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