THE PR. COMMISSIONER OF INCOME TAX(CENTRAL), LUDHIANA vs. M/S JAI BHOLE STEEL TUBES(P) LTD, LUDHIAN

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ITA/187/2019HC Punjab & HaryanaPHHC01028358201916 August 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Punjab & Haryana, Chandigarh, dismissed the appeal as withdrawn. The dismissal was granted with the liberty prayed for by the revenue to file an application for revival of the appeal if circumstances warrant. The Court also noted that the legal issue claimed by the revenue was being left open to be adjudicated in an appropriate case. The judgment does not provide the specific legal issue or the reasoning behind the original dispute, as the appeal was withdrawn before adjudication on merits. The operative direction was the dismissal of the appeal as withdrawn with liberty to revive.

What were the facts?

The Principal Commissioner of Income Tax (Central), Ludhiana (the appellant/revenue) filed an appeal before the High Court of Punjab & Haryana, Chandigarh, against M/s Jai Bhole Steel Tubes (P) Ltd., Ludhiana (the respondent/assessee). The appeal was filed against an order or action that is not specified in the judgment. The assessment year(s) are also not recorded. The tax effect involved in the appeal was stated to be less than ₹1 crore. The appeal was filed in 2019.

What were the issues?

1. Whether the appeal filed by the revenue should be withdrawn in light of the CBDT Circular dated 08.08.2019, given the tax effect involved. Assessee's contentions: Not recorded. Revenue's contentions: The learned counsel for the appellant-revenue stated that the tax effect involved is less than ₹1 crore and, therefore, instructed to withdraw the present appeal in view of Circular dated 17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes, New Delhi. The revenue prayed for liberty to file an application for revival of the appeal in case something survives therein.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Sr. No.: 102

ITA No.187 of 2019 (O & M) Date of Decision: August 16, 2019

The Pr. Commissioner of Income Tax (Central), Ludhiana

..... APPELLANT

VERSUS

M/s Jai Bhole Steel Tubes (P) Ltd., Ludhiana

..... RESPONDENT

. . .

CORAM: HON'BLE MR. JUSTICE AJAY TEWARI

HON’BLE MR. JUSTICE HARNARESH SINGH GILL

. . .

PRESENT: - Mr. Rajesh Katoch, Senior Standing Counsel for Income Tax Department – appellant.

. . .

Ajay Tewari, J (Oral)

Learned counsel for the appellant-revenue has very fairly stated that since the tax effect involved is less than ` 1 crore, he has instructions to withdraw the present appeal in view of Circular dated 17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes, New Delhi. However, he has prayed that liberty be granted to revenue to file an application for revival of the appeal in case something survives therein. AVIN KUMAR 2019.08.17 12:16 I attest to the accuracy and integrity of this document

ITA No.187 of 2019 [2]

Dismissed as withdrawn with liberty as prayed for. Further the legal issue as claimed by the revenue is being left open to be adjudicated in an appropriate case.

(Ajay Tewari) Judge

(Harnaresh Singh Gill) August 16, 2019 Judge avin

Whether Speaking/ Reasoned: Yes/ No Whether Reportable: Yes/ No AVIN KUMAR 2019.08.17 12:16 I attest to the accuracy and integrity of this document

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