COMMISSIONER OF INCOME TAX vs. M/S NIM INDUSTR4IAL CORP

PDF · subscribers
ITA/197/2004HC Punjab & HaryanaPHHC01051326200430 October 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The High Court dismissed the appeal as withdrawn.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 court granted the liberty as prayed for by the appellant-revenue to file an application for revival of the appeal, should something survive therein. The reasoning for dismissal was solely based on the revenue's instruction to withdraw due to the tax effect falling below the prescribed monetary limit for appeals. The court also noted that pending applications, if any, were disposed of as the main case was dismissed. No substantive legal issues were decided on merits.

What were the facts?

This case involves an appeal filed by the Commissioner of Income Tax, Ludhiana (the appellant-revenue) against M/s. Nim Industrial Corporation Limited (the respondent). The appeal was filed before the High Court of Punjab and Haryana at Chandigarh. The specific assessment year(s) and the order or action under challenge are not explicitly stated in the provided text. The procedural history indicates that the appeal was listed for decision on 30.10.2019. The amount in dispute is also not specified, other than it being below a certain monetary limit.

What were the issues?

The primary issue before the High Court was whether the appeal filed by the revenue should be dismissed. The revenue's counsel stated that due to the tax effect being less than the monetary limit prescribed in CBDT Circular No. 3 of 2018 and Circular No. 17 of 2019, they had instructions to withdraw the appeal. The revenue requested liberty to file an application for revival of the appeal if circumstances changed. The respondent was represented by senior counsel, but their specific arguments are not recorded as the appeal was withdrawn.

AI-generated summary — verify with the full judgment below

478 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.197 of 2004 Date of decision : 30.10.2019 The Commissioner of Income Tax, Ludhiana ...... Appellant versus M/s. Nim Industrial Corporation Limited ...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MRS.JUSTICE ALKA SARIN *** Present : Mr.Chetan Sood, Advocate and Mr.Sandeep Goyal, Advocate for the appellant. Mr.Akshay Bhan, Sr. Advocate with Mr.Alok Mittal, Advocate and Mr.Shantanu, Bansal, 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 (ALKA SARIN) JUDGE 30.10.2019 raman Whether speaking/reasoned Yes/No Whether Reportable : Yes/No RAMAN KUMAR 2019.11.02 09:51 I attest to the accuracy and integrity of this document

Recent GST High Court judgments

Search GST case law →