PR COMMISSIONER OF INCOME TAX - 1 CHANDIGARH vs. M/S KHANDELIA OIL & GENERAL MILLS PVT LTD PLOT NO 23 INDUSTRIAL AREAN PHASE-11 CHANDIGARH

PDF · subscribers
ITA/151/2016HC Punjab & HaryanaPHHC01110337201624 February 2025Bench: MR. JUSTICE ARUN PALLI,MRS. JUSTICE SUDEEPTI SHARMA1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court held that the appeal should be disposed of as not pressed. This decision was based on the consensus between the learned counsel for the parties that the tax effect in the present appeal filed by the Revenue is less than Rs. 2 Crore. The Court explicitly referred to Circular No. 09/2024 dated 17.09.2024 read with Circular No. 5/2024 dated 15.03.2024 as the basis for this disposal. The operative direction was that the appeal be disposed of accordingly. No specific findings were made on the merits of the original dispute, as the appeal was decided on a procedural ground related to the tax effect threshold for appeals.

What were the facts?

This is an appeal filed by the Revenue (Principal Commissioner of Income Tax-1, Chandigarh) against an order of the Income Tax Appellate Tribunal (ITAT). The assessee is M/s Khandelia Oil & General Mills Pvt. Ltd. The specific assessment year(s) are not mentioned in the provided text. The appeal is filed against an order of the ITAT, the details of which are not provided. The procedural history is limited to the fact that the appeal has reached the High Court. The parties are in agreement that the tax effect in the appeal is less than Rs. 2 Crore.

What were the issues?

1. Whether the appeal filed by the Revenue should be dismissed as not pressed, given that the tax effect is less than Rs. 2 Crore, in light of the CBDT Circulars No. 09/2024 dated 17.09.2024 and No. 5/2024 dated 15.03.2024. The Revenue's contention, as presented by its counsel, is that the appeal should be disposed of as not pressed due to the low tax effect, aligning with the aforementioned circulars. The Assessee's counsel is ad idem with the Revenue's submission, indicating agreement with this course of action.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.151 of 2016 (O&M) Date of Decision :24.02.2025 Principal Commissioner of Income Tax-1, Chandigarh ......Appellant Versus M/s Khandelia Oil & General Mills Pvt. Ltd. ...... Respondent CORAM: HON'BLE MR.JUSTICE ARUN PALLI HON'BLE MRS.JUSTICE SUDEEPTI SHARMA Present : Mr. Ranvijay Singh, Sr. Standing Counsel for Mr. Vaibhav Gupta, Advocate for the appellant. Mr. Alok Mittatl, Advocate for the respondent. ARUN PALLI, J.

(Oral)

: Learned counsel for the parties are ad idem that the tax effect in the present appeal filed by the Revenue is less than Rs.2 Crore. Therefore, in the wake of circular No.09/2024 dated 17.09.2024 read with circular No.5/2024 dated 15.03.2024, the appeal be disposed of as not pressed. Ordered accordingly. (ARUN PALLI) JUDGE (SUDEEPTI SHARMA) JUDGE 24.02.2025 Manoj Bhutani Whether speaking/reasoned Yes/No Whether reportable Yes/No MANOJ KUMAR 2025.02.25 10:14 I attest to the accuracy and authenticity of this document

Recent GST High Court judgments

Search GST case law →