PRINCIPAL C.I.T. BIKANER vs. M/S HANUMANGARH KENDRIYA SAHAKARI BANK

ITA/98/2015HC RajasthanRJHC01039564201528 August 2019Bench: SANGEET LODHA,P.K. LOHRA2 pages

AI SummaryWithdrawn

What did the High Court hold?

The Tribunal granted permission to the appellant (Principal Commissioner of Income Tax, Bikaner) to withdraw the appeals. This decision was based on Circular No. 17/2019 issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, Government of India, and its subsequent clarification dated 20.08.2019. The circular mandates the withdrawal of appeals where the tax effect is less than Rs. 1 crore. Since the tax effect in the present appeals was stated to be below this threshold, the appellant's request for withdrawal was acceded to. Consequently, the appeals were dismissed as withdrawn. No specific findings on the merits of the case were made as the appeals were disposed of on procedural grounds related to the tax effect threshold stipulated in the CBDT circular.

What were the facts?

The appeals were filed by the Principal Commissioner of Income Tax, Bikaner, against M/s. Hanumangarh Kendriya Sahakari Bank Ltd. The appeals were connected and concerned assessment years not specified in the provided text. The core of the matter involved tax effect below a certain threshold. The procedural history relevant to the disposal of these appeals is the issuance of Circular No. 17/2019 by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, Government of India, dated 08.08.2019, and a subsequent clarification dated 20.08.2019. Based on this circular, the appellant sought to withdraw the appeals.

What were the issues?

1. Whether the appeals should be permitted to be withdrawn by the appellant in light of Circular No. 17/2019 and its clarification dated 20.08.2019, where the tax effect is less than Rs. 1 crore? Assessee's Contention: The assessee did not present any arguments as the appeal was withdrawn by the appellant. The judgment does not record any arguments from the assessee's side. Revenue's Contention: The learned counsel appearing for the appellant (Revenue) sought permission to withdraw the appeals, citing Circular No. 17/2019 and its clarification, which stated that appeals with a tax effect below Rs. 1 crore should be withdrawn. The Revenue relied on the instructions contained within the said circular.

AI-generated summary — verify with the full judgment below

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Income Tax Appeal No. 1/2017 Principal Commissioner Of Income Tax, Bikaner. ----Appellant Versus M/s. Hanumangarh Kendriya Sahakari Bank Ltd, Opp. Circuit House, Hanumangarh. ----Respondent Connected With D.B. Income Tax Appeal No. 98/2015 Principal Commissioner of Income Tax, Bikaner ----Appellant Versus M/s Hanumangarh Kendriya Sahakari Bank Ltd., Opp. Circuit House, Hanumangarh Junction. ----Respondent For Appellant(s) : Mr. G.S. Chouhan For Respondent(s) : Mr. Surendra Singh Choudhary on behalf of Mr. Sanjeet Purohit HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE P.K. LOHRA Order 28/08/2019 In view of Circular No.17/2019 [F.No.279/MISC./142/2007- ITJ (PT.)] dated 08.08.2019 issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, Government of India, New Delhi, as clarified vide communication dated 20.08.2019, the tax effect involved in the present appeals

(2 of 2) [ITA-1/2017] being less than Rs.1 crore, learned counsel appearing for the appellant seeks permission to withdraw the appeals. Permission is granted. The appeals are dismissed as withdrawn. (P.K. LOHRA),J (SANGEET LODHA),J 89-90Vij/-

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