COMMISSIONER OF INCOME TAX-I vs. M/S S.E. EXPORTS (FORMERLY M/S SALUJA EXIM), LUDHIANA

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ITA/151/2012HC Punjab & HaryanaPHHC01099218201226 September 2018Bench: MR. JUSTICE SURYA KANT,MR. JUSTICE SUDIP AHLUWALIA1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court of Punjab & Haryana at Chandigarh dismissed the appeal as not pressed. The Court noted the statement made by the learned counsel for the Revenue regarding the tax effect of ₹12,49,116/- and the applicability of CBDT Circular No. 3/2018 dated 11.07.2018. As the tax effect was less than ₹50 lacs, the Revenue did not wish to pursue the appeal on its merits. The Court granted liberty to the Revenue to seek revival of the appeal if circumstances changed. The question of law was also kept open. The operative direction was the dismissal of the appeal as not pressed.

What were the facts?

The appeal was filed by the Commissioner of Income Tax-I, Ludhiana (Revenue) against M/s S.E. Exports (assessee). The assessment year(s) are not explicitly stated. The appeal challenges an order or action from a lower authority, the details of which are not provided. The tax effect involved in the case is stated to be ₹12,49,116/-. The appeal was listed for hearing before the High Court of Punjab & Haryana at Chandigarh. The Revenue's counsel stated that due to the tax effect being less than ₹50 lacs, they did not wish to press the appeal on merits, referencing Circular No. 3/2018 dated 11.07.2018.

What were the issues?

1. Whether the appeal should be dismissed as not pressed on account of the tax effect being below the threshold stipulated in CBDT Circular No. 3/2018? (Question of law) Assessee's Contention: The judgment does not record any specific contentions from the assessee. The assessee's counsel was present, but their arguments are not detailed. Revenue's Contention: The Revenue, through its counsel, stated that the tax effect involved is ₹12,49,116/-. In light of CBDT Circular No. 3/2018, which specifies a threshold of ₹50 lacs for filing appeals, the Revenue did not want to press the appeal on merits.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** ITA No.151 of 2012 (O&M) Date of Decision: 26.09.2018 **** Commissioner of Income Tax-I, Ludhiana ..... Appellant Versus M/s S.E. Exports

..... Respondent CORAM: HONBLE MR. JUSTICE SURYA KANT HONBLE MR. JUSTICE SUDIP AHLUWALIA Present: Mr. Rajesh Katoch, Advocate, for the appellant. Mr. Akshay Bhan, Senior Advocate with Mr. Alok Mittal, Advocate, for the respondent. SURYA KANT J. (ORAL) (1) Learned counsel for Revenue states that the tax effect involved in this case is `12,49,116/- and in view of the recent Circular No.3/2018 dated 11.07.2018 issued by the Ministry of Finance, Department of Revenue, Central Board Direct Taxes, the tax effect being less than `50 lacs, he does not want to press this appeal on merits. (2) In view of the CBDT Circular, the instant appeal is dismissed as not pressed. As prayed for by learned counsel for the appellant, liberty is granted to the Revenue to seek revival of the appeal, if need be, in the changed circumstances. The question of law is also kept open.

(SURYA KANT)

JUDGE 26.09.2018

(SUDIP AHLUWALIA) Bhumika JUDGE 1. Whether speaking/reasoned: Yes 2. Whether reportable: No Bhumika Bhati 2018.09.28 13:57 I attest to the accuracy and integrity of this document

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