PR. COMMISSIONER OF INCOME TAX, FARIDABAD vs. M/S GRAND PRIX FAB PVT. LTD

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ITA/26/2018HC Punjab & HaryanaPHHC01119110201816 September 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court decided to dismiss the appeal as withdrawn. The reasoning was based on the submission made by the learned counsel for the Appellant-Revenue, who stated that the tax effect involved was less than the monetary limit prescribed in CBDT Circular No. 3 of 2018, as amended by Circular No. 17 of 2019. Consequently, the Revenue had instructions to withdraw the appeal. The High Court granted the Revenue the liberty to file an application for revival of the appeal, should something survive therein. No specific issue was decided on merits.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Faridabad (the Revenue) against M/s Grand Prix Fab Pvt. Ltd. (the Assessee). The assessment year(s) are not explicitly stated in the provided text. The appeal challenges an order passed by the Income Tax Appellate Tribunal (ITAT). The procedural history is that the Revenue sought to withdraw the appeal due to the tax effect being below the monetary limit prescribed by CBDT Circular No. 3 of 2018 and Circular No. 17 of 2019. The Revenue also requested liberty to revive the appeal if circumstances warranted.

What were the issues?

The primary issue before the High Court was whether the appeal filed by the Revenue should be dismissed as withdrawn. The Revenue's contention was based on CBDT Circular No. 3 of 2018 and Circular No. 17 of 2019, which prescribe monetary limits for filing appeals. Since the tax effect in the present case was below these limits, the Revenue sought to withdraw the appeal. The judgment does not record any specific arguments from the Assessee's side regarding the merits of the case, as the appeal was withdrawn by the Revenue.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 221 ITA-26-2018(O&M) Date of Decision:September 16, 2019 Pr. Commissioner of Income Tax, Faridabad ......Appellant versus M/s Grand Prix Fab Pvt. Ltd. .....Respondents CORAM: HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present: Mr. Tajender K. Joshi, Sr. Standing Counsel for the appellant. Mr. Divya Suri, Advocate for Mr. Sachin Bhardwaj, Advocate for the respondent. AJAY TEWARI

, J . (Oral)

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 Revenue to file an application for revival of the appeal, in case something survives therein. Dismissed as withdrawn with liberty as prayed for.

(AJAY TEWARI) JUDGE

(HARNARESH SINGH GILL) JUDGE September 16, 2019 sonia arora

SONIA ARORA 2019.09.18 10:27 I attest to the accuracy and integrity of this document High Court Chandigarh

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