THE PR COMMISSIONER OF INCOME TAX -3 LUDHIANA vs. M/S OSWAL WOOLEN MILLS LTD G T ROAD SHERPUR LUDHIANA

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ITA/164/2016HC Punjab & HaryanaPHHC01110351201619 July 2018Bench: MR. JUSTICE AJAY KUMAR MITTAL,MR. JUSTICE AVNEESH JHINGAN1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court decided to dismiss the appeal as withdrawn. The court granted the revenue the liberty to file an application for revival of the appeal as prayed for. It was clarified that the withdrawal of the appeal by the revenue would not be considered an affirmation of the ITAT's order on its merits. Furthermore, the court explicitly stated that the legal issue, as claimed by the revenue, was being left open to be adjudicated in an appropriate future case. No specific finding was made on the merits of the ITAT's order.

What were the facts?

The Principal Commissioner of Income Tax-3, Ludhiana (the appellant-revenue) filed an appeal before the High Court of Punjab and Haryana at Chandigarh against an order of the Income Tax Appellate Tribunal (ITAT). The appeal, numbered ITA No. 164 of 2016, concerned assessment years not specified in the judgment. The amount in dispute was ₹41,18,537. The revenue sought to withdraw the appeal based on CBDT Circular No. 03/2018 dated 11th July, 2018, which relates to monetary limits for filing appeals. The revenue also requested liberty to revive the appeal if circumstances warranted.

What were the issues?

The High Court had to decide whether to allow the revenue's request to withdraw the appeal. The revenue argued that due to the tax effect being below the threshold stipulated in CBDT Circular No. 03/2018, they had instructions to withdraw the appeal. They also requested liberty to revive the appeal. The judgment does not record any arguments from the respondent-assessee, M/s Oswal Woollen Mills Ltd.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 164 of 2016 Decided on : 19.07.2018 Pr. Commissioner of Income Tax-3, Ludhiana . . . Appellant(s) Versus M/s Oswal Woollen Mills Ltd. . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AVNEESH JHINGAN PRESENT: Mr. Rajesh Katoch, Sr. Standing Counsel for the appellant(s). Mr. M.S. Kanda, Advocate for Mr. Amit Parsad, Advocate for the respondent(s). **** AJAY KUMAR MITTAL, J. (Oral) Learned counsel for the appellant-revenue states that since the tax effect involved is ` 41,18,537/-, he 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, he 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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