PR. COMMISSIONER OF INCOME TAX-2 LUDHIANA vs. M/S AVON ISPAT & POWERS LTD LUDHIANA

PDF · subscribers
ITA/260/2016HC Punjab & HaryanaPHHC01110458201609 September 2019Bench: MR. JUSTICE KRISHNA MURARI,MR. JUSTICE ARUN PALLI1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn, granting the liberty to the Revenue to file an application for revival of the appeal as prayed for.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 would not be construed as an affirmation of the Tribunal's order on its merits. Furthermore, the Court explicitly stated that the legal issue, as claimed by the Revenue, was being left open to be adjudicated in an appropriate case. No specific findings were made on the substantive issues that might have led to the original appeal before the ITAT.

What were the facts?

The appellant, Pr. Commissioner of Income-Tax-2, Ludhiana (Revenue), filed an appeal against an order of the Income Tax Appellate Tribunal (ITAT). The respondent is M/s Avon Ispat & Power Ltd. (Assessee). The appeal was filed before the High Court of Punjab and Haryana at Chandigarh. The specific assessment year(s) and the amount in dispute are not explicitly stated in the provided text. The procedural history is that the Revenue has filed this appeal challenging the ITAT's decision.

What were the issues?

The primary issue before the High Court was whether the appeal filed by the Revenue should be entertained. The Revenue, through its learned counsel, stated that the tax effect involved was less than ₹50 lacs. Consequently, the Revenue sought to withdraw the present appeal in accordance with Circular No. 03/2018, dated 11.07.2018, issued by the Central Board of Direct Taxes. The Revenue also prayed for liberty to file an application for revival of the appeal if something survives therein. The judgment does not record any arguments from the Assessee's side regarding the withdrawal or the underlying merits of the case.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.260 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. ...... 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 15:37 I attest to the accuracy and authenticity of this document

Recent GST High Court judgments

Search GST case law →