PR.COMMISSIONER OF INCOME TAX(CENTRAL),GURGAON vs. SHRI AMIT JINDAL,PROP.M/S HEERA MOTI SPICY PRODUCTS,PAN;ACGPJ8215N

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ITA/149/2017HC Punjab & HaryanaPHHC01117335201718 September 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The High Court dismissed the appeal as withdrawn with liberty granted to the revenue to file an application for revival of the appeal as prayed for.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 considered an affirmation of the ITAT's order on merits. Furthermore, the legal issue, as claimed by the revenue, was left open to be adjudicated in an appropriate case. The judgment does not provide any reasoning on the merits of the case or the specific legal issue that was sought to be withdrawn.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax (Central), Gurgaon (the revenue) against an order of the Income Tax Appellate Tribunal (ITAT). The respondent is Shri Amit Jindal (the assessee). The tax effect involved in the appeal was ₹1,50,887. The revenue sought to withdraw the appeal in accordance with Circular No. 03/2018 dated 11th July, 2018, issued by the Central Board of Direct Taxes, which provides for withdrawal of appeals based on tax effect. The revenue requested liberty to file an application for revival of the appeal if something further survived.

What were the issues?

1. Whether the revenue is entitled to withdraw the appeal in view of the tax effect and CBDT Circular No. 03/2018? (Question of law) Assessee's Contentions: Not recorded in the judgment. Revenue's Contentions: The revenue, through its learned counsel, stated that the tax effect involved was ₹1,50,887. In view of Circular No. 03/2018 dated 11th July, 2018, issued by the Central Board of Direct Taxes, New Delhi, the revenue had instructions to withdraw the present appeal. The revenue prayed for liberty to file an application for revival of the appeal if something survived therein.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA-149-2017 Date of Decision: 18.9.2018 Principal Commissioner of Income Tax (Central), Gurgaon ...Appellant. Versus Shri Amit Jindal ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. HON'BLE MR. JUSTICE AVNEESH JHINGAN. PRESENT: Mr. Rajesh Sethi, Sr. Standing Counsel for the appellant. Ms. Radhika Suri, Senior Advocate with Mr. Manpreet Singh Kanda, Advocate for the respondent. AJAY KUMAR MITTAL, J. 1. Learned counsel for the appellant-revenue states that since the tax effect involved is ` 1,50,887/-, 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 September 18, 2018 (AVNEESH JHINGAN) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No GURBACHAN SINGH 2018.09.25 15:14 I attest to the accuracy and integrity of this document

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