COMMISSIONER OF INCOME TAX II vs. M/S BECKONS INDUSTRIES PVT. LTD.

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ITA/141/2011HC Punjab & HaryanaPHHC01095456201106 September 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn, as per the submission made by the learned counsel for the appellant-revenue. The revenue had stated that the tax effect was below the monetary limit prescribed by the Central Board of Direct Taxes (CBDT) circulars, specifically Circular No.3 of 2018, amended by Circular No.17 of 2019, and further clarified by a letter dated 20.08.2019. The court granted liberty to the appellant-revenue to file an application for revival of the appeal, should any part of it survive. Since the main appeal was dismissed, any pending civil miscellaneous applications were also disposed of.

What were the facts?

The appeal was filed by the Commissioner of Income Tax-II, Chandigarh (appellant-revenue) against M/s. Beckons Industries Pvt. Ltd. (respondent-assessee). The assessment year(s) are not specified. The appeal challenges an order passed by the Income Tax Appellate Tribunal (ITAT), though the specific ITAT order or its date is not mentioned. The procedural history is limited to the present appeal before the High Court. The revenue sought to withdraw the appeal due to the tax effect being below the monetary limit prescribed by CBDT Circulars.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn based on the revenue's submission regarding the tax effect being below the prescribed monetary limit for filing appeals, as per CBDT Circular No.3 of 2018 and Circular No.17 of 2019. The appellant-revenue, through its learned counsel, stated that the tax effect involved in the present appeal is less than the monetary limit stipulated in Circular No.3 of 2018, as amended by Circular No.17 of 2019 and further clarified by Letter No.F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019. Consequently, the revenue had instructions to withdraw the appeal. The revenue also prayed for liberty to revive the appeal if any aspect of it survived. The respondent-assessee's contentions 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 883 ITA No.141 of 2011 (O&M) Date of decision : 06.09.2019 Commissioner of Income Tax-II, Chandigarh ...... Appellant versus M/s. Beckons Industries Pvt. Ltd. . ..... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MR.JUSTICE HARNARESH SINGH GILL Present : Mr. Vivek Sethi, Senior Standing counsel with Mr. Varun Issar, Junior Standing counsel for the appellant. Mr. M.S.Kanda, Advocate for the respondent-Assessee.

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., if any, also stands disposed of. (AJAY TEWARI) JUDGE (HARNARESH SINGH GILL) JUDGE 06.09.2019 anuradha Whether speaking/reasoned Yes/No Whether Reportable : Yes/No Anuradha 2019.09.12 09:47 I attest to the accuracy and integrity of this document

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