PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S AJMER VIDYUT VITRAN NIGAM LTD.

ITA/158/2019HC RajasthanRJHC02099435201917 November 2021Bench: AKIL KURESHI,REKHA BORANA1 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court held that both parties were ad idem (in agreement) that the tax effect in the appeal was less than Rs. 2 Crore and the matter did not fall under any exceptions to the relevant circulars. In light of this consensus and in accordance with Circular No. 09/2024 dated 17.09.2024 and Circular No. 5/2024 dated 15.03.2024, the Court ordered that the appeal as well as the cross-objections be disposed of as not pressed. No decision on the merits of the case was made. The operative direction was to dispose of the appeal and cross-objections as not pressed.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax-2, Chandigarh (Revenue) against M/s GlaxoSmithKline Asia Private Limited (Assessee). The assessment year(s) are not explicitly stated in the provided text. The appeal and cross-objections were listed for decision. The parties agreed that the tax effect in the appeal was less than Rs. 2 Crore and did not fall under any exceptions mentioned in the relevant circulars. Consequently, both sides agreed that the appeal and cross-objections should be disposed of as not pressed.

What were the issues?

1. Whether the appeal and cross-objections should be disposed of as not pressed in light of the tax effect being less than Rs. 2 Crore and not falling under any exceptions to the relevant circulars. Assessee's Contentions: The learned counsel for the respondent (assessee) agreed with the Revenue's submission that the tax effect was less than Rs. 2 Crore and the matter was not covered under any exceptions. Therefore, the appeal and cross-objections should be disposed of as not pressed, in accordance with Circular No. 09/2024 dated 17.09.2024 and Circular No. 5/2024 dated 15.03.2024. Revenue's Contentions: The learned counsel for the appellant (Revenue) stated that the tax effect in the present appeal is less than Rs. 2 Crore and the matter is not covered under any exceptions. Therefore, in the wake of Circular No. 09/2024 dated 17.09.2024, read with Circular No. 5/2024 dated 15.03.2024, the appeal as also the cross-objections be disposed of as not pressed.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA-158-2019(O&M) and XOBJ-5-2020 Date of decision: 25.02.2025 Pr. Commissioner of Income Tax-2, Chandigarh … Appellant Versus M/s GlaxoSmithKline Asia Private Limited … Respondent CORAM: HON’BLE MR. JUSTICE ARUN PALLI HON’BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Vaibhav Gupta, Senior Standing Counsel, for the appellant-Revenue. Mr. Ajay Vohra, Senior Advocate, with Mr. Neeraj Jain, Advocate, and Mr. Aniket D. Agrawal, Advocate, for the Cross-objector/respondent. *** ARUN PALLI, J. (Oral) Learned counsel for parties are ad idem that the tax effect in the present appeal is less than Rs.2 Crore and the matter is not covered under any exceptions either. Therefore, in the wake of Circular No.09/2024 dated 17.09.2024, read with Circular No.5/2024 dated 15.03.2024, the appeal as also the cross-objections be disposed of as not pressed. Ordered accordingly. ( Arun Palli )

Judge 25.02.2025 Rajan ( Sudeepti Sharma ) Judge Whether speaking / reasoned: YES/NO Whether Reportable: YES/NO RAJAN KUMAR 2025.02.27 10:29 I am approving this document

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