PRINCIPAL COMMISSIONER OF INCOME TAX-I vs. SHRI RAM DAS MAHESHWAI

ITA/336/2018HC RajasthanRJHC02107553201811 December 2025Bench: MAHENDAR KUMAR GOYAL,BHUWAN GOYAL1 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn with liberty granted to the revenue to file an application for revival of the appeal as prayed for. 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 expressly left open to be adjudicated in an appropriate future case. No specific finding was given on the merits of the case.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax-2, Chandigarh (appellant-revenue) against M/s Friends Alloys, Chandigarh (respondent-assessee). The assessment years are not specified. The appeal challenges an order passed by the Income Tax Appellate Tribunal (ITAT). The tax effect involved in the appeal is ₹34,08,635. The revenue sought to withdraw the appeal based on CBDT Circular No. 03/2018 dated 11th July, 2018.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn in light of the tax effect and CBDT Circular No. 03/2018. Assessee's arguments: Not recorded in the judgment. Revenue's arguments: The revenue, represented by learned counsel, stated that due to the tax effect of ₹34,08,635, it had instructions to withdraw the present appeal in view of CBDT Circular No. 03/2018. The revenue prayed for liberty to file an application for revival of the appeal if something survives therein.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA-336-2018 (O&M) Date of Decision: 7.12.2018 Principal Commissioner of Income Tax-2, Chandigarh ...Appellant. Versus M/s Friends Alloys, Chandigarh ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL. PRESENT: Ms. Urvashi Dhugga, Sr. Standing Counsel for the appellant. AJAY KUMAR MITTAL, J. 1. Learned counsel for the appellant-revenue states that since the tax effect involved is ` 34,08,635/-, she has instructions to withdraw the present appeal in view of Circular No.03/2018, dated 11th July, 2018, issued by the Central Board of Direct Taxes, New Delhi. However, she has prayed that liberty be granted to the revenue to file an application for revival of the appeal in case something survives therein. 2. 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) JUDGE December 7, 2018 (MANJARI NEHRU KAUL) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No GURBACHAN SINGH 2018.12.10 14:27 I attest to the accuracy and integrity of this document

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