COMMISSIONER OF INCOME TAX PANCHKULA vs. YAMUNA NAGAR CENTRAL COOP. BANK LTD YAMUNA NAGAR

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ITA/107/2014HC Punjab & HaryanaPHHC01109228201416 September 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL1 pages
AI SummaryWithdrawn

What did the High Court hold?

The Tribunal dismissed the appeal as withdrawn. The dismissal was granted with the liberty prayed for by the revenue, allowing them to file an application for revival of the appeal if something survives therein. The Tribunal noted that since the main case was dismissed as withdrawn, any pending Civil Miscellaneous applications also stood dismissed. The reasoning for the dismissal was solely based on the revenue's instruction to withdraw due to the tax effect falling below the prescribed monetary limits, as per the cited CBDT circulars and letter. No finding on the merits of the original dispute was made.

What were the facts?

The appellant, Commissioner of Income Tax, Panchkula, has filed the present appeal against an order of the Income Tax Appellate Tribunal (ITAT). The respondent is The Yamuna Nagar, Central Cooperative Bank Ltd. The appeal concerns assessment year(s) not specified in the judgment. The revenue's counsel stated that the tax effect involved is below the monetary limit prescribed by CBDT Circular No. 3 of 2018, as amended by Circular No. 17 of 2019 and a subsequent letter. Based on these circulars, the revenue sought to withdraw the appeal.

What were the issues?

The Tribunal did not have to decide any substantive issues on merits. The sole procedural matter before the Tribunal was the revenue's request to withdraw the appeal. The revenue argued that due to the low tax effect, as per CBDT Circular No. 3 of 2018 (amended by Circular No. 17 of 2019) and Letter No. F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019, they had instructions to withdraw the appeal. The revenue also prayed for liberty to revive the appeal if circumstances warranted. No arguments were recorded for the respondent assessee.

AI-generated summary — verify with the full judgment below

1051 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

ITA No.107 of 2014 (O&M) Date of decision : September 16, 2019 Commissioner of Income Tax, Panchkula ....... Appellant Versus The Yamuna Nagar, Central Cooperative Bank Ltd. ....... Respondent CORAM : HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present:- Mr. Yogesh Putney, Advocate for the appellant. AJAY TEWARI. J (ORAL) 1. Learned counsel for the appellant-revenue states that since the tax effect involved is less than the monetary limit as prescribed in Circular No.3 of 2018 dated 11.07.2018 issued by the Central Board of Direct Taxes, further amended vide Circular No.17 of 2019 dated 08.08.2019 read with Letter No.F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019, he has instructions to withdraw the present appeal. However, he prayed that liberty be granted to the appellant-revenue to file an application for revival of the appeal, in case something survives therein. 2. Dismissed as withdrawn with liberty as prayed for. 3. Since the main case has been dismissed as withdrawn, the pending C.M, if any also stands dismissed. (AJAY TEWARI) JUDGE (HARNESH SINGH GILL) JUDGE September 16, 2019 sarita Whether speaking / reasoned Yes Whether Reportable: No SARITA RANI 2019.09.18 12:33 I attest to the accuracy and authenticity of this document Chandigarh

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