THE COMMISSIONER OF INCOME TAX vs. M/S INDUSTRIAL CABLES INDIA LTD

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ITA/110/2004HC Punjab & HaryanaPHHC01051230200403 March 2020Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE AVNEESH JHINGAN1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court allowed the appeal as prayed for by the Revenue. The Revenue had sought to withdraw the appeal on the grounds that the tax effect involved was below the monetary limit prescribed by the Central Board of Direct Taxes (CBDT) Circulars. Specifically, Circular No. 3 of 2018, as amended by Circular No. 17 of 2019 and a subsequent letter dated 20.08.2019, were cited. The Court accepted the submission of the learned counsel for the revenue and dismissed the appeal as withdrawn. The operative direction was the dismissal of the appeal as withdrawn. No issues were expressly left undecided.

What were the facts?

The appeal was filed by the Commissioner of Income-tax, Patiala (the Revenue) against M/s Industrial Cables (India) Ltd. (the Assessee). The assessment year(s) are not specified in the judgment. The appeal challenges an order or action passed by an authority, which is not detailed. The procedural history indicates that the Revenue, through its learned counsel, stated that the tax effect involved was 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 instructions, the Revenue sought to withdraw the present appeal.

What were the issues?

1. Whether the appeal can be withdrawn by the Revenue due to the tax effect being below the prescribed monetary limit as per CBDT Circulars? Assessee's contentions: The judgment does not record any specific contentions made by the assessee. The assessee was represented by counsel, but their arguments are not detailed. Revenue's contentions: The Revenue, through its counsel, stated that the tax effect involved in the appeal is less than the monetary limit prescribed by CBDT Circular No. 3 of 2018, further amended by Circular No. 17 of 2019 and Letter No. F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019. Based on these circulars, the Revenue had instructions to withdraw the present appeal.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 471/2 Income-tax Appeal No.110 of 2004 (O&M) Date of decision: 03.03.2020 The Commissioner of Income-tax, Patiala ... Appellant Versus M/s Industrial Cables (India) Ltd. Industrial Area, Rajpura ... Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE AVNEESH JHINGAN Present : Mr. Jitin Kohli, Advocate for Mr. Kunal Sharma, Advocate for the appellant. Mr. Divya Suri, Advocate, Mr. Sachin Bhardwaj, Advocate and Mr. Gaurav Singh, Bisht, Advocate for the respondent. **** AJAY TEWARI

, J. (Oral)

1.

The learned counsel appearing for 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 instruction to withdraw the present appeal. 2. Allowed as prayed for. 3. Dismissed as withdrawn.

(AJAY TEWARI) JUDGE

(AVNEESH JHINGAN) JUDGE 03.03.2020 manju Whether speaking/reasoned: Yes / No Whether reportable: Yes / No MANJU 2020.03.07 11:58 I attest to the accuracy and integrity of this document

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