PR COMMISSIONER OF INCOME TAX 2 CHANDIGARH vs. M/S PUNJAB SMALL INDUSTRIES & EXPORT CORPORATION LTD, CHD

PDF · subscribers
ITA/236/2016HC Punjab & HaryanaPHHC01110431201603 September 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn, granting the liberty sought by the appellant-revenue to file an application for revival of the appeal.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 ITAT's order on merits. Furthermore, the legal issue claimed by the appellant-revenue was explicitly left open to be adjudicated in an appropriate future case. Any pending civil miscellaneous application related to the main appeal was also disposed of as a consequence of the main appeal's dismissal.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax-1, Chandigarh (appellant-revenue) against M/s Punjab Small Industries & Export Corporation Ltd. (respondent). The assessment year(s) are not specified in the provided text. The challenge is to an order passed by the Income Tax Appellate Tribunal (ITAT). The tax effect involved was stated to be less than the monetary limit prescribed by CBDT Circular No. 3 of 2018, as amended by Circular No. 17 of 2019 and further clarified by Letter No. F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019. The appeal was heard by the High Court of Punjab and Haryana at Chandigarh.

What were the issues?

The primary issue before the High Court was whether the appeal filed by the revenue should be withdrawn. The revenue, through its counsel, stated that due to the low tax effect, it had instructions to withdraw the appeal. The revenue also sought liberty to file an application for revival of the appeal if circumstances warranted. The High Court was therefore tasked with deciding whether to dismiss the appeal as withdrawn and whether to grant the liberty sought by the revenue. The revenue's contention was based on the monetary limits for filing appeals as stipulated in the CBDT circulars. The judgment does not record any specific arguments from the respondent (assessee).

AI-generated summary — verify with the full judgment below

ITA No.236 of 2016 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.236 of 2016 (O&M) Date of decision : 03.09.2019 Pr. Commissioner of Income Tax-1, Chandigarh ...... Appellant versus M/s Punjab Small Industries & Export Corporation Ltd., Udyog Bhawan, Sector 17 Chandigarh ...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MR.JUSTICE HARNARESH SINGH GILL *** Present : Mr. Vivek Sethi, Advocate for the appellant. Mr. Manpreet S.Kanda, 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. It is, however,clarified that withdrawal of the appeal by the appellant-revenue shall not be taken to be affirmation of order of the Tribunal on merits. POOJA SHARMA 2019.09.04 16:11 I am the author of this document

ITA No.236 of 2016 (O&M) 2 Further, the legal issue as claimed by the appellant-revenue is being left open to be adjudicated in an appropriate case. 3. Since the main case has been dismissed, the pending C.M. Application, if any, also stands disposed of.

(AJAY TEWARI) JUDGE (HARNARESH SINGH GILL) JUDGE 03.09.2019 pooja sharma-I Whether speaking/reasoned Yes/No Whether Reportable : Yes/No POOJA SHARMA 2019.09.04 16:11 I am the author of this document

Recent GST High Court judgments

Search GST case law →