COMMISSIONER OF INCOME TAX II ASR. vs. M/S BABA NAGA RICE & GENERAL MILLS

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ITA/108/2011HC Punjab & HaryanaPHHC01095419201116 July 2018Bench: MR. JUSTICE AJAY KUMAR MITTAL,MR. JUSTICE AVNEESH JHINGAN1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn, granting liberty to the revenue to file an application for revival of the appeal as prayed for.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 left open to be adjudicated in an appropriate case. The operative direction was the dismissal of the appeal as withdrawn with liberty granted.

What were the facts?

The appeal was filed by the Commissioner of Income Tax-II, Amritsar (appellant-revenue) against an order of the Income Tax Appellate Tribunal (ITAT). The respondent is M/s Baba Naga Rice & General Mills. The tax effect involved in the appeal was ₹41,39,930/-. The appeal was decided on July 16, 2018.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn by the revenue in view of CBDT Circular No. 03/2018 dated 11th July, 2018, considering the tax effect involved. The revenue argued that due to the tax effect being ₹41,39,930/-, they had instructions to withdraw the appeal in accordance with CBDT Circular No. 03/2018. They also prayed for liberty to file an application for revival of the appeal if something survived therein. The assessee's arguments are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 108 of 2011 Decided on : 16.07.2018 Commissioner of Income Tax-II, Amritsar . . . Appellant(s) Versus M/s Baba Naga Rice & General Mills . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AVNEESH JHINGAN PRESENT: Mr. Denesh Goyal, Sr. Standing Counsel for the appellant(s). Mr. Rishabh Kapoor, Advocate for the respondent(s). **** AJAY KUMAR MITTAL, J. (Oral) Learned counsel for the appellant-revenue states that since the tax effect involved is ` 41,39,930/-, he has instructions to withdraw the present appeal in view of the circular No.03/2018, dated 11th July, 2018, issued by the C.B.D.T., New Delhi. However, he 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 July 16, 2018 J.Ram (AVNEESH JHINGAN) JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No Jawala Ram 2018.07.18 15:54 I attest to the accuracy and authenticity of this document Chandigarh

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