Principal Commissioner Of Income Tax 1 vs. M/S Shree Developers

ITA/56/2018HC Madhya Pradesh05 September 2022Bench: HON'BLE SHRI JUSTICE SHEEL NAGU2 pages

For Petitioner: Sanjay Lal

AI SummaryWithdrawn

What did the High Court hold?

The High Court noted the submission by the learned senior standing counsel for the Revenue that the tax effect in the present case is Rs. 34,76,250/-, which is below the mandatory limit prescribed by the Board's Circular No. 17/2019 dated 08.08.2019. In view of this instruction received, the learned counsel for the appellant (Revenue) sought permission to withdraw the appeal. The Court permitted the withdrawal. The appeal was accordingly dismissed as withdrawn. No decision was made on the merits of the case. The letter dated 23.08.2022 was directed to be placed on record.

What were the facts?

The appellant, Principal Commissioner of Income Tax-1, Jabalpur, filed an appeal against an order (not specified in the judgment) concerning assessment year(s) not specified. The respondent is M/s Shree Developers. The appeal was filed before the High Court of Madhya Pradesh at Jabalpur. The present proceedings relate to the admission of this appeal. The tax effect in the case was Rs. 34,76,250/-.

What were the issues?

1. Whether the appeal is maintainable in light of the tax effect being below the monetary limit prescribed by the Board's Circular No. 17/2019 dated 08.08.2019? Assessee's Contention: The assessee's counsel did not argue the merits of the case. Revenue's Contention: The Revenue, through its counsel, submitted a letter from the Assistant Commissioner of Income Tax stating that the tax effect of Rs. 34,76,250/- is below the mandatory limit prescribed by the Board's Circular No. 17/2019. Based on this, the Revenue sought to withdraw the appeal.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SHEEL NAGU & HON'BLE SHRI JUSTICE VIRENDER SINGH ON THE 5th OF SEPTEMBER, 2022 INCOME TAX APPEAL No. 56 of 2018 Between:- PRINCIPAL COMMISSIONER OF INCOME TAX-1, THOURGH JABALPUR, DISTRICT JABALPUR (MADHYA PRADESH) .....APPELLANT (BY SHRI SANJAY LAL - ADVOCATE ) AND M/S SHREE DEVELOPERS, 2632, WRIGHT TOWN, JABALPUR, DISTRICT JABALPUR (MADHYA PRADESH) .....RESPONDENT (BY SHRI SAPAN USRETHE - ADVOCATE ) This appeal coming on for admission this day, JUSTICE SHEEL NAGU passed the following: ORDER Learned senior standing counsel for the Revenue/appellant has produced a letter dated 23.08.2022 of the Assistant Commissioner of Income Tax, Circle- 2(1), Jabalpur informing that the tax effect in the present case is Rs.34,76,250/- which is below the mandatory limit prescribed by the Board's Circular No.17/2019 dated 08.08.2019. In view of the above instruction received, learned counsel for the appellant seeks and is permitted to withdraw this appeal which is accordingly dismissed as withdrawn. 1 Signed by: ASHISH KUMAR JAIN Signing time: 9/6/2022 4:46:23 PM Signature Not Verified (SHEEL NAGU) JUDGE (VIRENDER SINGH) JUDGE The letter dated 23.08.2022 be placed on record. @shish

2 Signed by: ASHISH KUMAR JAIN Signing time: 9/6/2022 4:46:23 PM Signature Not Verified

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