PR. COMMISSIONER OF INCOME TAX-2 LUDHIANA vs. M/S AVON ISPAT & POWERS LTD LUDHIANA
What did the High Court hold?
The High Court dismissed the appeal as withdrawn with liberty to the revenue to file an application for revival of the appeal as prayed for. The Court clarified that the withdrawal of the appeal by the revenue shall not be taken as an affirmation of the Tribunal's order on merits. Furthermore, the legal issue, as claimed by the revenue, was left open to be adjudicated in an appropriate case. No specific finding was given on the merits of the case as the appeal was withdrawn.
What were the facts?
The appeal was filed by the Principal Commissioner of Income-Tax-2, Ludhiana (appellant-revenue) against M/s Avon Ispat & Power Ltd, Ludhiana (respondent-assessee). The assessment year(s) are not specified. The appeal challenges an order passed by the Income Tax Appellate Tribunal (ITAT). The amount in dispute is stated to be less than ₹50 lacs. The procedural history is that the revenue, through its counsel, sought to withdraw the appeal based on a CBDT Circular.
What were the issues?
1. Whether the appeal can be withdrawn by the revenue in light of CBDT Circular No. 03/2018, dated 11.07.2018, due to the tax effect being less than ₹50 lacs? Assessee's Contentions: Not recorded. Revenue's Contentions: The revenue, through its counsel, stated that the tax effect involved is less than ₹50 lacs and, in view of CBDT Circular No. 03/2018, it has instructions to withdraw the present appeal. The revenue prayed for liberty to file an application for revival of the appeal if something survives therein.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.259 of 2016 (O&M) Date of Decision :09.09.2019 Pr. Commissioner of Income-Tax-2, Ludhiana ......Appellant Versus M/s Avon Ispat & Power Ltd, Ludhiana ...... Respondent CORAM: HON'BLE MR.JUSTICE KRISHNA MURARI, CHIEF JUSTICE HON'BLE MR.JUSTICE ARUN PALLI, JUDGE Present : Mr. Sandeep Goyal, Advocate and Mr. Chetan Sood, Advocate for the appellant. Mr. Alok Mittal, Advocate for the respondent. KRISHNA MURARI, CHIEF JUSTICE
(Oral)
: Learned counsel for the appellant-revenue states that since the tax effect involved is less than ` 50 lacs, he has instructions to withdraw the present appeal in view of Circular No. 03/2018, dated 11.07.2018 issued by the Central Board of Direct Taxes, New Delhi. However, he has prayed that liberty be granted to the 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 revenue shall not be taken to be affirmation of order of the Tribunal on merits. Further, the legal issue as claimed by the revenue is being left open to be adjudicated in an appropriate case. (KRISHNA MURARI) CHIEF JUSTICE (ARUN PALLI) JUDGE 09.09.2019
Manoj Bhutani
Whether speaking/reasoned Yes/No Whether reportable Yes/No MANOJ KUMAR 2019.09.10 15:36 I attest to the accuracy and authenticity of this document
Recent GST High Court judgments
Search GST case law →- Arun Aloysius Barnes vs. Assistant Commissioner Of Commercial TaxesKarnataka · 14 Oct 2026
- Gr Infra Projects Limited Ratlam Through Its Authorized Signatory Mr. Pankaj Das vs. The State Of Madhya PradeshMadhya Pradesh · 14 Oct 2026
- J M Mhatre Infra PVT. LTD Thr. Authorized Chetan J. Mhatre vs. Union Of INDIA Thr. Secretary Dept. Of Revenue Ministry Of Finance And OrsBombay · 14 Oct 2026
- M/S Hindustan Coca-Cola Beverages PVT. LTD. vs. The Commissioner, CGST And Cx, Dibrugarh And AnrGauhati · 14 Oct 2026
- M/S Shree Sushruta Health Services Private Limited vs. The Union Of INDIAPatna · 14 Oct 2026