M/S IMPACT AGENCIES PVT LTD vs. COMMISSIONER OF INCOME TAX PB.

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ITA/262/2015HC Punjab & HaryanaPHHC01109899201515 October 2015Bench: MR. JUSTICE SURINDER GUPTA,MRS JUSTICE DAYA CHAUDHARY1 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court of Punjab & Haryana at Chandigarh dismissed the appeal as withdrawn. The Court granted permission to the appellant-assessee to withdraw the appeal. The reason for withdrawal was the assessee's intention to file a rectification application under Section 254(2) of the Income Tax Act, 1961, as they believed certain points argued before the Tribunal were not discussed. The Court noted that it would be open to the appellant to pursue other remedies available in accordance with the law. No decision was made on the merits of the substantial questions of law that were initially raised.

What were the facts?

The appellant, M/s Impact Agencies Pvt. Ltd., filed an appeal under Section 260A of the Income Tax Act, 1961, challenging an order dated 12.01.2015 passed by the Income Tax Appellate Tribunal, Chandigarh Bench 'B', Chandigarh, in ITA No. 35/CHD/2012 in C.O. No. 10/CHD/2012. The appeal was filed against the Commissioner of Income Tax II, Ludhiana. The appellant sought to withdraw the appeal after arguing for some time, stating their intention to file a rectification application under Section 254(2) of the Act. This was based on the appellant's contention that certain aspects of the questions argued before the Tribunal had not been discussed.

What were the issues?

1. Whether the appeal involves substantial questions of law, as referred to in paragraph 7 of the appeal. (Question of law) Assessee's contention: The assessee, through their counsel, stated that they wished to withdraw the present appeal. The reason provided was that the assessee intended to file a rectification application under Section 254(2) of the Act, as certain aspects of the questions argued before the learned Tribunal had not been discussed. No specific authorities or precedents were mentioned in support of this request for withdrawal. Revenue's contention: The judgment does not record any specific contentions from the revenue's side regarding the issues or the withdrawal request.

Which sections of the Income-tax Act were involved?

Section 260A,Section 254(2)

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA No. 262 of 2015 Date of decision: 15.10.2015 M/s Impact Agencies Pvt. Ltd. ..... Appellant Versus Commissioner of Income Tax II, Ludhiana ..... Respondent CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Ravi Shankar and Mr. Rohit Kaura, Advocates for the appellant. AJAY KUMAR MITTAL, J. (ORAL) Challenge in this appeal filed under Section 260A of the Income Tax Act, 1961 (for short 'the Act') is to the order dated 12.01.2015 (Annexure A-3), passed by the Income Tax Appellate Tribunal, Chandigarh Bench 'B', Chandigarh, in ITA No. 35/CHD/2012 in C.O. No. 10/CHD/2012, claiming the substantial questions of law as referred to in para 7 of the appeal. 2. After arguing for sometime, learned counsel for the appellant states that he may be allowed to withdraw the present appeal as the appellant-assessee wishes to file rectification application under Section 254(2) of the Act as according to him certain aspects of the questions which were argued before the learned Tribunal have not been discussed. 4. Dismissed as withdrawn. It shall, however, be open to the appellant to take recourse to the remedies as may be available to it, in accordance with law. ( AJAY KUMAR MITTAL ) JUDGE October 15, 2015 ( RAMENDRA JAIN ) rishu JUDGE RISHU KATARIA 2015.10.19 10:58 I attest to the accuracy and authenticity of this document

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