COMMR. OF INCOME TAX-I, CHD. vs. M/S PANCHSHIKHA TOURIST RESORTS LTD.

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ITA/180/2005HC Punjab & HaryanaPHHC01073535200505 December 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE VIVEK PURI1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court decided to dismiss the appeal as withdrawn. The reasoning provided is that the revenue's counsel, acting on instructions, stated that the tax effect involved was less than the monetary limit prescribed by CBDT Circular No.3 of 2018, as amended by Circular No.17 of 2019. Consequently, the revenue sought to withdraw the appeal. The court granted the liberty as prayed for by the revenue to file an application for revival of the appeal in case something survives therein. The main case having been dismissed, any pending C.M. Application also stands disposed of. The ratio decidendi is that appeals below a certain monetary threshold, as per CBDT circulars, can be withdrawn by the revenue, with potential liberty to revive.

What were the facts?

The appeal was filed by the Commissioner of Income Tax-1, Chandigarh (the revenue) against M/s Panchshikha Tourist Resorts Ltd. (the assessee). The assessment year(s) are not specified in the judgment. The appeal challenges an order or action from an unspecified authority. The amount in dispute is not stated. The procedural history is that the revenue's counsel, citing CBDT Circular No.3 of 2018 and Circular No.17 of 2019, informed the court that the tax effect was below the prescribed monetary limit and sought to withdraw the appeal, requesting liberty to revive it if circumstances changed. The High Court then passed its decision.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn, considering the revenue's submission regarding the tax effect and CBDT circulars? (Question of law). The revenue argued that due to the low tax effect, as per CBDT Circular No.3 of 2018 and Circular No.17 of 2019, they have instructions to withdraw the appeal. They further prayed for liberty to revive the appeal if circumstances warranted. The assessee's arguments are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.180 of 2005 (O&M) Date of decision : 05.12.2019 The Commissioner of Income tax-1, Chandigarh ...... Appellant versus M/s Panchshikha Tourist Resorts Ltd., SCO 846, Manimajra ...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MR.JUSTICE VIVEK PURI *** Present : Mr. Yogesh Putney, Advocate for the appellant. Mr. S.K.Mukhi, Advocate for the respondent.

*** 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, the pending C.M. Application, if any, also stands disposed of. (AJAY TEWARI) JUDGE ( VIVEK PURI ) JUDGE 05.12.2019 pooja sharma-I Whether speaking/reasoned Yes/No Whether Reportable : Yes/No POOJA SHARMA 2019.12.06 16:19 I attest to the accuracy and integrity of this document

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