PR. COMMISSIONER OF INCOME TAX-I, JALANDHAR vs. THE NAWANSHAHAR CENTRAL CO-OP. BANK LTD.

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ITA/215/2018HC Punjab & HaryanaPHHC01119061201820 February 2019Bench: MR. JUSTICE AJAY KUMAR MITTAL,MRS. JUSTICE MANJARI NEHRU KAUL1 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The High Court dismissed the appeal as withdrawn, granting the revenue the liberty to file an application for revival of the appeal as prayed for.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 ITAT's order on merits. Furthermore, the legal issue, as claimed by the revenue, was left open to be adjudicated in an appropriate case. The Court did not decide the merits of the case.

What were the facts?

The appellant, Pr. Commissioner of Income Tax, Jalandhar-I, filed an appeal before the High Court of Punjab and Haryana at Chandigarh against an order of the Income Tax Appellate Tribunal (ITAT). The respondent is The Nawanshahar Central Co-op. Bank Ltd. The appeal concerns assessment year(s) not specified in the judgment. The amount in dispute is stated to be ₹45,68,615/-. The revenue sought to withdraw the appeal.

What were the issues?

1. Whether the revenue is permitted to withdraw the appeal. The revenue, through its learned counsel, stated that due to the tax effect involved (₹45,68,615/-), it had instructions to withdraw the present appeal in accordance with CBDT Circular No. 03/2018 dated 11th July, 2018. The revenue also prayed for liberty to file an application for revival of the appeal if something survives therein. No arguments were recorded for the respondent.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 215 of 2018 (O&M) Decided on : 20.02.2019 Pr. Commissioner of Income Tax, Jalandhar-I, Jalandhar . . . Appellant(s) Versus The Nawanshahar Central Co-op. Bank Ltd. . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Vivek Sethi, Sr. Standing Counsel for the appellant-revenue(s). **** AJAY KUMAR MITTAL, J. (Oral) Learned counsel for the appellant-revenue states that since the tax effect involved is `45,68,615/-, he has instructions to withdraw the present appeal in view of the circular No.03/2018, dated 11th July, 2018, 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. (AJAY KUMAR MITTAL) JUDGE February 20, 2019 J.Ram (MANJARI NEHRU KAUL) JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No JAWALA RAM 2019.02.26 17:04 I attest to the accuracy and authenticity of this document Chandigarh

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