COMMISSIONER OF INCOME TAX vs. M/S LAKSHMI PRECISION SCREWS LTD

PDF · subscribers
ITA/118/2002HC Punjab & HaryanaPHHC01021459200229 October 2019Bench: MR. JUSTICE AJAY TEWARI,MRS. JUSTICE ALKA SARIN1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Punjab and Haryana at Chandigarh dismissed the appeal as withdrawn. The dismissal was based on the appellant-revenue's submission that the tax effect was below the prescribed monetary limit for filing appeals, as per CBDT Circulars. The court granted the appellant-revenue the liberty to file an application for revival of the appeal, should any aspect of the matter survive. The court also noted that any pending civil miscellaneous applications related to the main appeal would stand disposed of.

What were the facts?

The appeal was filed by the Commissioner of Income Tax, Rohtak (appellant-revenue) against M/s. Lakshmi Precision Screw Ltd, Rohtak (respondent-assessee). The assessment year(s) are not specified. The appeal challenges an order or action, the specifics of which are not detailed in the provided text. The procedural history is limited to the present appeal being filed before the High Court. The amount in dispute is not stated. The appeal was listed for decision on 29.10.2019.

What were the issues?

1. Whether the appeal should be withdrawn by the revenue based on the tax effect and CBDT circulars? (Question of procedure/administrative policy) The appellant-revenue, through its counsel, stated that the tax effect involved in the appeal 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. Consequently, the revenue sought to withdraw the present appeal. The revenue also prayed for liberty to revive the appeal if circumstances warranted it. The respondent-assessee's contentions are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

448 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.118 of 2002 Date of decision : 29.10.2019 The Commissioner of Income Tax, Rohtak ...... Appellant versus M/s. Lakshmi Precision Screw Ltd, Rohtak. ...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MRS.JUSTICE ALKA SARIN *** Present : Mr.Chetan Sood, Advocate and Mr.Sandeep Goyal, Advocate for the appellant. Mr.Akshay Bhan, Sr. Advocate with Mr.Alok Mittal, Advocate for the respondent. *** 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, the pending C.M. Application, if any, also stands disposed of. (AJAY TEWARI) JUDGE (ALKA SARIN) JUDGE 29.10.2019 raman Whether speaking/reasoned Yes/No Whether Reportable : Yes/No RAMAN KUMAR 2019.10.31 09:41 I attest to the accuracy and integrity of this document

Recent GST High Court judgments

Search GST case law →