THE PRINCIPAL COMMISSIONER OF INCOME TAX FARIDABAD vs. M/S ELI LILY AND CO. LIMITED

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ITA/101/2021HC Punjab & HaryanaPHHC01073757202111 February 2025Bench: MR. JUSTICE ARUN PALLI,MRS. JUSTICE SUDEEPTI SHARMA1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that both the learned counsel for the appellant (Revenue) and the respondent (Assessee) were in agreement (ad idem) that the tax effect in the present appeal was less than Rs.2 Crore. In light of Circular No. 09/2024 dated 17.09.2024, read with Circular No. 5/2024 dated 15.03.2024, which likely stipulate conditions for the Revenue to withdraw or not press appeals based on tax effect, the Court ordered the appeal to be dismissed as not pressed. The reasoning is solely based on the parties' consensus and the applicability of the aforementioned circulars. No specific findings on the merits of the original ITAT order were made, as the appeal was disposed of on a procedural ground based on the tax effect and departmental circulars.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Faridabad (Revenue) against M/s Eli Lily and Co. Limited (Assessee). The specific assessment year(s) are not mentioned in the provided text. The appeal challenges an order passed by an Income Tax Appellate Tribunal (ITAT), though the specific ITAT order or the authority that passed it is not detailed. The dispute concerns the tax effect, which is stated to be less than Rs.2 Crore. The procedural history is limited to the filing of the present appeal by the Revenue.

What were the issues?

1. Whether the appeal filed by the Revenue should be dismissed as not pressed, given the tax effect is less than Rs.2 Crore. Assessee's Contention: The learned counsel for the respondent (Assessee) is ad idem with the appellant (Revenue) that the tax effect in the present appeal is less than Rs.2 Crore. 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 should be dismissed as not pressed. Revenue's Contention: The learned counsel for the appellant (Revenue) is ad idem with the respondent (Assessee) that the tax effect in the present appeal is less than Rs.2 Crore. 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 should be dismissed as not pressed.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.101 of 2021 (O&M) Date of Decision :11.02.2025 Principal Commissioner of Income Tax, Faridabad ......Appellant Versus M/s Eli Lily and Co. Limited ...... Respondent CORAM: HON'BLE MR.JUSTICE ARUN PALLI HON'BLE MRS.JUSTICE SUDEEPTI SHARMA Present : Mr. Varun Issar, Sr. Standing Counsel for the appellant. Mr. Neeraj Jain, Advocate for the respondent. ARUN PALLI, J.

(Oral)

: Learned counsel for the parties are ad idem that the tax effect in the present appeal filed by the Revenue is less than Rs.2 Crore. 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 be dismissed as not pressed. Ordered accordingly. (ARUN PALLI) JUDGE (SUDEEPTI SHARMA) JUDGE 11.02.2025 Manoj Bhutani Whether speaking/reasoned Yes/No Whether reportable Yes/No MANOJ KUMAR 2025.02.13 10:14 I attest to the accuracy and authenticity of this document

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