PR. COMMISSIONER OF INCOME TAX-2 CHANDIGARH vs. M/S SML ISUZU LIMITED, CHANDIGARH

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ITA/165/2019HC Punjab & HaryanaPHHC01019690201904 September 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Punjab and Haryana dismissed the appeal as withdrawn. The revenue's counsel explicitly stated they had instructions to withdraw the appeal because the tax effect was below the monetary limit stipulated in CBDT Circular No. 3 of 2018, as amended. The court granted the revenue liberty to file an application for revival of the appeal should circumstances warrant it. Any pending civil miscellaneous applications related to the main appeal were also disposed of as a consequence of the main case being dismissed.

What were the facts?

The Principal Commissioner of Income Tax-2, Chandigarh (the appellant-revenue) filed an appeal before the High Court of Punjab and Haryana against an order concerning M/s. SML Isuzu Limited (the respondent-assessee). The assessment year(s) are not specified in the provided text. The appeal was filed against an order passed by an authority, the nature of which is not detailed. The tax effect involved in the dispute was below the monetary limit prescribed by CBDT Circular No. 3 of 2018, as amended by Circular No. 17 of 2019 and a subsequent letter.

What were the issues?

1. Whether the appeal, given the tax effect being below the prescribed monetary limit, should be withdrawn by the revenue? (Question of procedure/policy, turning on CBDT Circulars No. 3 of 2018 and 17 of 2019, and Letter No.F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019). Contentions: Assessee: No arguments are recorded for the assessee. Revenue: The learned counsel for the appellant-revenue stated that due to the tax effect being below the monetary limit prescribed by the CBDT circulars, they have instructions to withdraw the appeal. They also prayed for liberty to revive the appeal if circumstances change.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 109 ITA-165-2019 (O&M) Date of decision :4.9.2019 Pr. Commissioner of Income Tax-2, Chandigarh ...... Appellant versus M/s. SML Isuzu Limited ...... Respondent

CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MR.JUSTICE HARNARESH SINGH GILL Present : Mr. Vivek Sethi, Advocate for the appellant.

*** AJAY TEWARI, J. (Oral) 1. Learned counsel for the appellant-revenue states that since the tax effect involved is less than the monetary limit as prescribed in Circular No.3 of 2018 dated 11.07.2018 issued by the Central Board of Direct Taxes, further amended vide Circular No.17 of 2019 dated 08.08.2019 read with Letter No.F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019, he has instructions to withdraw the present appeal. However, he prayed that liberty be granted to the appellant-revenue to file an application for revival of the appeal, in case something survives therein. 2. Dismissed as withdrawn with liberty as prayed for. 3. Since the main case has been dismissed as withdrawn, the pending C.M, if any also stands disposed of. (AJAY TEWARI) JUDGE (HARNARESH SINGH GILL) JUDGE 4.9.2019 anuradha Whether speaking/reasoned Yes/No Whether Reportable : Yes/No Anuradha 2019.09.10 10:16 I attest to the accuracy and integrity of this document

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