COMMISSIONER OF INCOME TAX, vs. M/S ENBEE INDUSTRIES NAVBHARAT

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ITA/27/2011HC Madhya PradeshMPHC01019533201108 November 20191 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court allowed the application for withdrawal of the appeal. The appeal was dismissed as withdrawn. The court granted liberty to the Revenue to file an application for revival of the appeal, if anything survived therein. It was clarified that the withdrawal of the appeal by the Revenue would not be considered an affirmation of the Tribunal's order on merits. The legal issue claimed by the Revenue was left open to be adjudicated in an appropriate case.

What were the facts?

The appeal was filed by the Revenue (Commissioner of Income Tax, Bhopal) against an order of the Income Tax Appellate Tribunal (ITAT). The tax effect involved in the appeal was Rs. 50,07,807. The Revenue sought to withdraw the appeal, citing Circular No. 17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes. The Revenue also requested liberty to file an application for revival of the appeal if circumstances changed. The High Court allowed the application for withdrawal.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn in light of the Revenue's instructions and the applicable CBDT Circular? Assessee's Contention: Not recorded. Revenue's Contention: The Revenue, through its counsel, stated that due to the tax effect of Rs. 50,07,807, it had instructions to withdraw the appeal in accordance with Circular No. 17/2019. The Revenue also sought liberty to revive the appeal if necessary.

AI-generated summary — verify with the full judgment below

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THE HIGH COURT OF MADHYA PRADESH

ITA No.27/2011 (Commissioner of Income Tax, Bhopal Vs. M/s Enbee Industries)

Jabalpur, Dated : 08.11.2019

Shri Sanjay Lal, Advocate for the appellant.

I.A.No.13912/2019 for withdrawal of the appeal Learned counsel for the appellant-revenue states that since the tax effect involved is Rs.50,07,807/-, 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. In view of above, I.A.No.13912/2019 is allowed. 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 16:11:51 +05'30'

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