PRINCIPAL COMMISSIONER OF INCOME TAX-2, CHD vs. M/S JCT ELECTRONICS LTD

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ITA/154/2015HC Punjab & HaryanaPHHC01109780201519 July 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The High Court dismissed the appeal as withdrawn with liberty granted to the revenue to file an application for revival of the appeal as prayed for.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 Tribunal's order on merits. Furthermore, the legal issue claimed by the revenue was explicitly left open to be adjudicated in an appropriate case. The Court did not decide on the merits of the case.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax-2, Chandigarh (the revenue) against an order of the Income Tax Appellate Tribunal (ITAT). The respondent is M/s JCT Electronics Ltd. (the assessee). The appeal was decided on July 19, 2018. The material facts leading to the dispute and the specific assessment year(s) are not recorded in the judgment. The amount in dispute is stated to be ₹19,24,632/-.

What were the issues?

The primary issue before the High Court was whether the appeal filed by the revenue should be withdrawn. The revenue, through its counsel, stated that it had instructions to withdraw the present appeal in view of Circular No. 03/2018, dated July 11, 2018, issued by the CBDT, as the tax effect involved was ₹19,24,632/-. The revenue prayed for liberty to file an application for revival of the appeal if something survived therein. No specific arguments were recorded for the respondent (assessee) as none appeared.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 154 of 2015 Decided on : 19.07.2018 Pr. Commissioner of Income Tax-2, Chandigarh . . . Appellant(s) Versus M/s JCT Electronics Ltd. . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AVNEESH JHINGAN PRESENT: Ms. Urvashi Dhugga, Sr. Standing Counsel for the appellant(s). None for the respondent(s). **** AJAY KUMAR MITTAL, J. (Oral) Learned counsel for the appellant-revenue states that since the tax effect involved is ` 19,24,632/-, she has instructions to withdraw the present appeal in view of the circular No.03/2018, dated 11th July, 2018, issued by the C.B.D.T., New Delhi. However, she 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 July 19, 2018 J.Ram (AVNEESH JHINGAN) JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No Jawala Ram 2018.07.23 16:28 I attest to the accuracy and authenticity of this document Chandigarh

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