THE COMMISSIONER OF INCOME TAX vs. M/S PUNJAB SMALL INDS, EXPORT CORP

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ITA/247/2004HC Punjab & HaryanaPHHC01051385200418 November 2024Bench: MR. JUSTICE SANJEEV PRAKASH SHARMA,MR. JUSTICE SANJAY VASHISTH1 pages

AI SummaryWithdrawn

What did the High Court hold?

The Tribunal decided to dismiss the appeal as withdrawn. The reasoning provided by the appellant-revenue was that the tax effect was below the prescribed monetary limit for filing appeals, as per CBDT Circulars. The Tribunal accepted this submission and granted liberty to the appellant-revenue to file an application for revival of the appeal if something survives therein. The main case having been dismissed, any pending C.M. Application was also disposed of. The Tribunal did not decide any substantive issue on merits regarding the income tax assessment. The ratio decidendi is that appeals can be withdrawn by the revenue if the tax effect falls below the prescribed monetary limits, with liberty to seek revival under certain circumstances.

What were the facts?

The appeal was filed by the Commissioner of Income Tax-1, Chandigarh (appellant-revenue) against M/s Punjab Small Inds. Export Corporation Ltd., Chandigarh (respondent-assessee). The assessment year(s) are not specified. The appeal challenges an order or action of the Income Tax Appellate Tribunal (ITAT), though the specific ITAT order is not detailed. The procedural history is limited to the present High Court proceedings. The revenue sought to withdraw the appeal due to the tax effect being below the monetary limit prescribed by CBDT Circulars.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn by the appellant-revenue. This issue arises from the appellant-revenue's statement that they have instructions to withdraw the appeal. The appellant-revenue argued that the tax effect involved is 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. The respondent-assessee's arguments are not recorded. No specific legal provision is named in relation to this issue, other than the circulars.

AI-generated summary — verify with the full judgment below

446-2 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** ITA No.247 of 2004 Date of Decision: 18.02.2020 The Commissioner of Income Tax-1, Chandigarh Appellant Versus M/s Punjab Small Inds. Export Corporation Ltd., Chandigarh Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE AVNEESH JHINGAN Present: Mr. Yogesh Putney, Advocate for the appellant. 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 [AVNEESH JHINGAN] JUDGE February 18, 2020

pankaj baweja

Whether speaking/ reasoned : Yes / No 2. Whether reportable : Yes / No PANKAJ BAWEJA 2020.02.20 10:30 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

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