COMMISSIONER OF INCOME TAX vs. M/S SHARMAN UDYOG (P) LTD.

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ITA/22/2001HC Punjab & HaryanaPHHC01042058200129 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The High Court dismissed the appeal as withdrawn.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 dismissal was granted with the liberty prayed for by the appellant-revenue to file an application for revival of the appeal. The court reasoned that the revenue had instructions to withdraw the appeal due to the tax effect being below the monetary limit prescribed by the relevant CBDT circulars. As the main case was dismissed, any pending Civil Miscellaneous Application was also disposed of.

What were the facts?

The appeal was filed by the Commissioner of Income Tax, Ludhiana (appellant-revenue) against M/s. Sharman Udyog (P) Limited Ludhiana (respondent-assessee). The appeal pertains to ITA No. 22 of 2001. The High Court of Punjab and Haryana at Chandigarh was hearing the appeal. The revenue stated that the tax effect involved was below the monetary limit prescribed by CBDT Circulars. The revenue sought to withdraw the appeal with liberty to revive it if circumstances changed.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn, considering the tax effect is below the prescribed monetary limits for appeals by the revenue? The appellant-revenue argued that due to the low tax effect, as per CBDT Circular No. 3 of 2018, Circular No. 17 of 2019, and Letter No. F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019, they have instructions to withdraw the appeal. They further prayed for liberty to file an application for revival of the appeal if anything survives therein. The respondent-assessee's arguments are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

409 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.22 of 2001 (O&M) Date of decision : 29.10.2019 Commissioner of Income Tax, Ludhiana ...... Appellant versus M/s. Sharman Udyog (P) Limited Ludhiana. ...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MRS.JUSTICE ALKA SARIN *** Present : Mr.Rajesh Katoch, Advocate for the appellant. Mr.Akshay Bhan, Sr. Advocate with Mr.Alok Mittal, 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 29.10.2019 raman Whether speaking/reasoned Yes/No Whether Reportable : Yes/No RAMAN KUMAR 2019.10.31 09:41 I attest to the accuracy and integrity of this document

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