PR.COMMISSIONER OF INCOME TAX(CENTRAL),GURGAON vs. M/S IND SWIFT LIMITED,PAN:AAACI6100L

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ITA/181/2017HC Punjab & HaryanaPHHC01117371201722 November 2019Bench: MR. JUSTICE AJAY TEWARI,MRS. JUSTICE ALKA SARIN1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn. The revenue's counsel informed the court that due to the tax effect being below the monetary limit prescribed by CBDT Circulars (Circular No.3 of 2018, amended by Circular No.17 of 2019, and Letter No.F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019), they had instructions to withdraw the appeal. The court granted the revenue liberty to file an application for revival of the appeal in case something survived therein. Any pending Civil Miscellaneous Application was also disposed of as a consequence of the main appeal being dismissed.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax (Central), Gurgaon (the revenue) against M/s Ind Swift Ltd. (the assessee). The assessment year(s) are not specified. The appeal challenges an order passed by an authority below, the details of which are not provided. The procedural history is limited to the filing of the present appeal before the High Court. The amount in dispute is not explicitly stated, but the tax effect is mentioned as being below the prescribed monetary limit for appeals.

What were the issues?

1. Whether the appeal should be withdrawn by the revenue due to the tax effect being below the monetary limit prescribed by CBDT Circulars. The revenue, through its learned counsel, stated that the tax effect involved in the present appeal is less than the monetary limit stipulated in Circular No.3 of 2018, as amended by Circular No.17 of 2019 and further clarified by Letter No.F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019. Consequently, the revenue sought to withdraw the appeal, requesting liberty to revive it if any surviving issue warranted it. The assessee's contentions are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

209-1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA-181-2017 (O&M) Date of decision : 22.11.2019 Pr. Commissioner of Income Tax (Central), Gurgaon ... Appellant Versus M/s Ind Swift Ltd. ... Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MRS. JUSTICE ALKA SARIN Present: Mr. Yogesh Putney, Senior Standing Counsel, for the appellant. Mr. Surjeet Bhadu, 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 22.11.2019 Yogesh Sharma ( ALKA SARIN ) JUDGE Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No YOGESH SHARMA 2019.11.26 11:13 I attest to the accuracy and integrity of this document

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