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

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ITA/142/2011HC Punjab & HaryanaPHHC01095457201106 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The High Court dismissed the appeal as withdrawn. The court granted the liberty as prayed for by the appellant-revenue to file an application for revival of the appeal, should something survive therein. The reasoning for dismissal was solely based on the revenue's instruction to withdraw due to the low tax effect, as per the cited circulars. The court noted that since the main case was dismissed, any pending Civil Miscellaneous (C.M.) applications also stood disposed of. No substantive issues of income tax law were decided.

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 appeal was filed before the High Court of Punjab and Haryana at Chandigarh. The specific assessment year(s) are not mentioned in the provided text. The appeal challenges an order or action that is not detailed. The procedural history involves the revenue's decision to withdraw the appeal.

What were the issues?

The High Court was not required to decide any substantive issues on merits. The primary matter before the court was the appellant-revenue's request to withdraw the appeal. The revenue's contention was based on the tax effect being below the monetary limit prescribed by CBDT Circular No.3 of 2018 and Circular No.17 of 2019, read with Letter No.F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019. The revenue sought liberty to revive the appeal if circumstances warranted. The respondent-assessee's arguments are not recorded.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 883-4 ITA No.142 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 2019.09.11 15:57 I attest to the accuracy and integrity of this document

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