COMMISSIONER OF INCOME TAX CHANDIGARH vs. M/S KESHO RAM NARATI DEVI GUPTA CHARITABLE TRUST

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ITA/197/2016HC Punjab & HaryanaPHHC01110387201605 September 2018Bench: MR. JUSTICE SURINDER GUPTA,LOK ADALAT BENCH - 31 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn, granting the revenue the liberty to file an application for revival of the appeal as prayed for.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 claimed by the revenue was explicitly left open to be adjudicated in an appropriate future case. The operative direction was the dismissal of the appeal with liberty to revive.

What were the facts?

The appeal was filed by the Commissioner of Income Tax (Exemptions), Chandigarh (the revenue) against M/s Kesho Ram Narati Devi Gupta Charitable Trust (Regd.) (the assessee). The assessment year(s) are not specified. The appeal challenges an order passed by the Income Tax Appellate Tribunal (ITAT). The amount in dispute is ₹39,19,760/-. The revenue sought to withdraw the appeal based on CBDT Circular No. 03/2018 dated 11th July, 2018, concerning tax effect. The revenue also requested liberty to revive the appeal if circumstances warranted.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn by the revenue, with liberty to revive. The revenue argued that due to the tax effect of ₹39,19,760/-, it had instructions to withdraw the appeal in accordance with CBDT Circular No. 03/2018. The revenue requested liberty to file an application for revival of the appeal if any aspect of the matter survived. The assessee's arguments are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA-197-2016 Date of Decision: 5.9.2018 The Commissioner of Income Tax (Exemptions), Chandigarh ...Appellant. Versus M/s Kesho Ram Narati Devi Gupta Charitable Trust (Regd.) ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. HON'BLE MR. JUSTICE AVNEESH JHINGAN. PRESENT: Mr. Denesh Goyal, Sr. Standing Counsel for the appellant. Mr. Viraj Gandhi, Advocate for the respondent. AJAY KUMAR MITTAL, J. 1. Learned counsel for the appellant-revenue states that since the tax effect involved is ` 39,19,760/-, 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 September 5, 2018 (AVNEESH JHINGAN) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No GURBACHAN SINGH 2018.09.06 14:23 I attest to the accuracy and integrity of this document

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