PR.COMMISSIONER OF INCOME TAX1 CHANDIGARH vs. M/S V.I.R FOODS LTD.SCO 2437. SECTOR 22C. CHANDIGARH

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ITA/257/2017HC Punjab & HaryanaPHHC01117455201704 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The High Court dismissed the appeal as withdrawn. The court granted the revenue the liberty to file an application for revival of the appeal, as prayed for by the revenue's counsel. The reasoning for the dismissal was solely based on the revenue's instruction to withdraw due to the low tax effect, in line with CBDT circulars. The court also noted that any pending Civil Miscellaneous (C.M.) applications related to the main appeal would stand disposed of as a consequence of the main appeal's dismissal. No substantive issues of income tax law were decided.

What were the facts?

This case involves an appeal filed by the Principal Commissioner of Income Tax-1, Chandigarh (the revenue) against M/s V.I.R. Foods Ltd. (the assessee). The appeal was filed before the High Court of Punjab and Haryana at Chandigarh. The specific assessment year(s) and the order or action under challenge are not detailed in the provided text. The procedural history is limited to the filing of the present appeal by the revenue.

What were the issues?

The High Court was not required to decide any substantive issues of law or fact. The sole matter before the court was the revenue's intention to withdraw the appeal. The revenue's contention was based on the tax effect involved being below 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 revenue sought liberty to revive the appeal if circumstances warranted. The assessee's arguments are not recorded as the appeal was withdrawn before any substantive arguments were presented.

AI-generated summary — verify with the full judgment below

ITA No. 257 of 2017 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1289 ITA No. 257 of 2017 (O&M) Date of Decision : 04.09.2019 Pr. Commissioner of Income Tax-1, Chandigarh ... Appellant Versus M/s V.I.R. Foods 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. Mr. B.M. Monga, Advocate and Mr. Rohit Kaur, 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. POOJA SAINI 2019.09.10 12:27 I attest to the accuracy and integrity of this document

ITA No. 257 of 2017 (O&M) 2 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 ) 04.09.2019 JUDGE pooja saini Whether speaking/reasoned? Yes/No Whether reportable? Yes/No POOJA SAINI 2019.09.10 12:27 I attest to the accuracy and integrity of this document

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