PR. COMMISSIONER OF INCOME TAX KARNAL vs. M/S KURUKSHETRA DARPAN P LTD

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ITA/185/2016HC Punjab & HaryanaPHHC01110374201624 July 2018Bench: MR. JUSTICE AJAY KUMAR MITTAL,MR. JUSTICE AVNEESH JHINGAN1 pages
AI SummaryWithdrawn

What did the High Court hold?

The Court dismissed the appeal as withdrawn with liberty granted to the revenue to file an application for revival of the appeal as prayed for.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, as claimed by the revenue, was left open to be adjudicated in an appropriate case. The operative direction was the dismissal of the appeal as withdrawn, with the specified liberty and clarification.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Karnal (the revenue) against M/s Kurukshetra Darpan (P) Ltd. (the assessee). The tax effect involved in the appeal was ₹ 20,87,918. The revenue sought to withdraw the appeal in view of Circular No. 03/2018 dated 11th July, 2018, issued by the Central Board of Direct Taxes. The revenue also prayed for liberty to file an application for revival of the appeal if something survived therein. The High Court of Punjab & Haryana at Chandigarh heard the matter.

What were the issues?

1. Whether the revenue is permitted to withdraw the appeal due to the tax effect being below the threshold stipulated in CBDT Circular No. 03/2018, and if so, with what liberty? Assessee's Contentions: The judgment does not record any specific contentions from the assessee's side regarding the issues to be decided. The respondent's counsel was present, but their arguments are not detailed in the provided text. Revenue's Contentions: The revenue, through its learned counsel, stated that due to the tax effect of ₹ 20,87,918, it had instructions to withdraw the present appeal in view of Circular No. 03/2018 dated 11th July, 2018. The revenue prayed for liberty to file an application for revival of the appeal in case something survived therein.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA-185-2016 Date of Decision: 24.7.2018 The Principal Commissioner of Income Tax, Karnal ...Appellant. Versus M/s Kurukshetra Darpan (P) Ltd., Kurukshetra ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. HON'BLE MR. JUSTICE AVNEESH JHINGAN. PRESENT: Mr. Yogesh Putney, Sr. Standing Counsel for the appellant. Mr. B.M. Monga, Advocate and Mr. Rohit Kaura, Advocate for the respondent. AJAY KUMAR MITTAL, J. 1. Learned counsel for the appellant-revenue states that since the tax effect involved is ` 20,87,918/-, he has instructions to withdraw the present appeal in view of Circular No.03/2018, dated 11th July, 2018, issued by the Central Board of Direct Taxes, New Delhi. However, he has 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 24, 2018 (AVNEESH JHINGAN) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Gurbachan Singh 2018.08.01 12:51 I attest to the accuracy and integrity of this document

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