THE PR. COMMISSIONER OF INCOME TAX (CENTRAL) LUDHIANA vs. M/S DEV ARJUNA PROMOTERS & DEVELOPERS P LTD R.O 3 INDUSTRIAL AREA A EXTENSION LUDH

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ITA/27/2017HC Punjab & HaryanaPHHC01117469201714 August 2018Bench: MR. JUSTICE AJAY KUMAR MITTAL,MR. JUSTICE AVNEESH JHINGAN1 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The High Court dismissed the appeal as withdrawn.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. It was clarified that the withdrawal of the appeal by the revenue would not be considered an affirmation of the Tribunal's order on merits. Furthermore, the court stated that the legal issue, as claimed by the revenue, was being left open to be adjudicated in an appropriate case. The operative direction was the dismissal of the appeal as withdrawn with liberty granted.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax (Central), Ludhiana (the revenue) against M/s Dev Arjuna Promoters & Developers (P) Ltd., Ludhiana (the assessee). The assessment year(s) are not specified. The order or action under challenge is the order of the Income Tax Appellate Tribunal (ITAT). The amount in dispute is ₹38,44,963/-. The procedural history is that the revenue, through its learned counsel, sought to withdraw the present appeal. This withdrawal was based on Circular No. 03/2018, dated 11th July, 2018, issued by the Central Board of Direct Taxes (CBDT), concerning the tax effect threshold for filing appeals.

What were the issues?

1. Whether the revenue is permitted to withdraw the appeal in view of the tax effect and the CBDT Circular No. 03/2018. The revenue argued that due to the tax effect of ₹38,44,963/-, it had instructions to withdraw the appeal in accordance with the aforementioned CBDT circular. The revenue also prayed for liberty to file an application for revival of the appeal if anything survives therein. The judgment does not record any arguments from the assessee's side regarding the withdrawal.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA-27-2017 (O&M) Date of Decision: 14.8.2018 The Principal Commissioner of Income Tax (Central), Ludhiana ...Appellant. Versus M/s Dev Arjuna Promoters & Developers (P) Ltd., Ludhiana ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. HON'BLE MR. JUSTICE AVNEESH JHINGAN. PRESENT: Mr. Rajesh Katoch, Sr. Standing Counsel for the appellant. AJAY KUMAR MITTAL, J. 1. Learned counsel for the appellant-revenue states that since the tax effect involved is ` 38,44,963/-, he has instructions to withdraw the present appeal in view of Circular No.03/2018, dated 11th July, 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. (AJAY KUMAR MITTAL) JUDGE August 14, 2018 (AVNEESH JHINGAN) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No GURBACHAN SINGH 2018.08.17 10:28 I attest to the accuracy and integrity of this document

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