THE COMMISSIONER OF INCOME TAX vs. M/S FREEMAN MEASURES LTD

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ITA/195/2003HC Punjab & HaryanaPHHC01040126200323 August 20161 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn with liberty granted to the revenue to file an application for revival of the appeal. 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. No specific finding on the merits of the case was made.

What were the facts?

The appeal was filed by the Commissioner of Income Tax-II, Ludhiana (appellant-revenue) against an order of the Income Tax Appellate Tribunal (ITAT). The respondent is M/s Freeman Measures Ltd., Ludhiana. The tax effect involved in the appeal is Rs. 8,66,950. The appeal was decided on August 23, 2016, by the High Court of Punjab and Haryana at Chandigarh.

What were the issues?

1. Whether the appeal filed by the revenue should be withdrawn in view of CBDT Circular No. 21/2015 dated 10.12.2015, considering the tax effect involved. Contentions: Assessee: No arguments are recorded for the assessee. Revenue: The learned counsel for the appellant-revenue stated that they have instructions to withdraw the appeal due to the tax effect being below the threshold stipulated in CBDT Circular No. 21/2015. They prayed for liberty to file an application for revival of the appeal if something survives.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No. 203 (2) ITA-195-2003

Decided on : 23.08.2016 Commissioner of Income Tax-II, Ludhiana ..... Appellant

VERSUS M/s Freeman Measures Ltd., Ludhiana ..... Respondent CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, CHIEF JUSTICE HON'BLE MR. JUSTICE DEEPAK SIBAL Present: Mr.Zora Singh Klar, Advocate, for the appellant.

******* S.J. VAZIFDAR, C.J. (Oral) Learned counsel for the appellant-revenue states that since the tax effect involved is Rs.8,66,950/-, he has instructions to withdraw the present appeal in view of the circular No.21/2015, dated 10.12.2015, issued by the C.B.D.T., New Delhi. However, he 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 Dismissed as withdrawn with liberty as prayed for.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.

[ S.J. VAZIFDAR ]

CHIEF JUSTICE 23.08.2016

[ DEEPAK SIBAL ] shamsher JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Shamsher Singh 2016.08.24 10:02 I attest to the accuracy and authenticity of this document Chandigarh

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