THE PR.COMMISSIONER OF INCOME TAX-3 LUDHIANA vs. THE MOGA CENTRAL CO OP BANK LTD FEROZEPUR ROAD MOGA

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ITA/115/2018HC Punjab & HaryanaPHHC01118951201807 August 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The High Court dismissed the appeal as withdrawn, granting the revenue the liberty to file an application for revival of the appeal as prayed for.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 construed as an affirmation of the ITAT's order on its merits. Furthermore, the Court explicitly stated that the legal issue, as claimed by the revenue, was being left open to be adjudicated in an appropriate future case. No specific finding was given on the merits of the ITAT's order.

What were the facts?

The Principal Commissioner of Income Tax-3, Ludhiana (the appellant-revenue) filed an appeal before the High Court of Punjab & Haryana at Chandigarh against an order of the Income Tax Appellate Tribunal (ITAT). The appeal concerned assessment year(s) not specified in the judgment. The amount in dispute was Rs. 16,33,858/-. The revenue sought to withdraw the appeal based on Circular No. 03/2018 dated 11th July, 2018, issued by the Central Board of Direct Taxes (CBDT), which sets monetary limits for filing appeals. The revenue requested liberty to revive the appeal if any aspect survived.

What were the issues?

1. Whether the revenue is permitted to withdraw the appeal based on the CBDT Circular No. 03/2018, given the tax effect involved. The revenue argued that the tax effect of Rs. 16,33,858/- was below the threshold stipulated in CBDT Circular No. 03/2018, and therefore, it had instructions to withdraw the appeal. The revenue also prayed for liberty to revive the appeal if any part of the matter survived. The judgment does not record any arguments from the respondent-assessee, The Moga Central Co-Op. Bank Ltd., Moga.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA-115-2018 (O&M) Date of Decision: 7.8.2018 The Principal Commissioner of Income Tax-3, Ludhiana ...Appellant. Versus The Moga Central Co-Op. Bank Ltd., Moga ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. HON'BLE MR. JUSTICE AVNEESH JHINGAN. PRESENT: Mr. Rajesh Katoch, 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 ` 16,33,858/-, he 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, he 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 August 7, 2018 (AVNEESH JHINGAN) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No GURBACHAN SINGH 2018.08.08 12:56 I attest to the accuracy and integrity of this document

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