PR. COMMISSIONER OF INCOME TAX-I, JALANDHAR vs. M/S. THE HOSHIARPUR CENTRAL COOPERATIVE BANK LTD., RAILWAY ROAD, HOSHIARPUR

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ITA/24/2019HC Punjab & HaryanaPHHC01147433201816 September 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn. The court granted the appellant-revenue the liberty to file an application for revival of the appeal, should something survive therein. The court also noted that since the main case was dismissed as withdrawn, any pending Civil Miscellaneous applications (C.M.) also stood disposed of. The decision was based on the revenue's submission regarding the low tax effect and their instruction to withdraw, aligning with the CBDT circulars on monetary limits for appeals. No specific findings on the merits of the original dispute were made.

What were the facts?

The Principal Commissioner of Income Tax-I, Jalandhar (the appellant-revenue) filed an appeal against an order of the Income Tax Appellate Tribunal (ITAT). The appeal was filed concerning assessment year(s) not specified in the judgment. The dispute pertains to the tax effect, which the revenue stated was below the monetary limit prescribed by CBDT Circular No. 3 of 2018, as amended by Circular No. 17 of 2019 and a subsequent letter. The revenue sought to withdraw the appeal.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn by the appellant-revenue, considering the tax effect is below the prescribed monetary limit for appeals as per CBDT Circulars No. 3 of 2018 and 17 of 2019. Contentions: Assessee: No arguments recorded for the assessee. Revenue: The learned counsel for the appellant-revenue stated that due to the tax effect being less than the monetary limit prescribed in CBDT Circular No. 3 of 2018, as amended by 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 also prayed for liberty to revive the appeal if circumstances warranted.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 105-B ITA-24-2019 (O&M) Date of decision :16.9.2019 Pr. Commissioner of Income Tax-I, Jalandhar ...... Appellant versus M/s. The Hoshiarpur Central Cooperative Bank Ltd. ...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MR.JUSTICE HARNARESH SINGH GILL Present : Mr. Vivek Sethi, Senior Standing Counsel with Mr. Varun Issar, Junior Standing Counsel for the appellant.

*** 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 as withdrawn, the pending C.M, if any also stands disposed of. (AJAY TEWARI) JUDGE (HARNARESH SINGH GILL) JUDGE 16.09.2019 anuradha Whether speaking/reasoned Yes/No Whether Reportable : Yes/No Anuradha 2019.09.17 16:40 I attest to the accuracy and integrity of this document

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