PRINCIPAL COMMISSIONER OF INCOME TAX, LUDHIANA vs. M/S NARULA SOLVEX PVT. LTD.
What did the High Court hold?
The High Court held that the appeal should be dismissed as withdrawn. This decision was based on the submission made by the learned counsel for the appellant (Revenue) that the tax effect involved in the appeal was under Rs.2 crores. Consequently, in line with Circular No. 9 of 2024 issued by the CBDT, the appellant had received specific instructions to withdraw the appeal. The Court found no reason to dissent from this submission and proceeded to dismiss the appeal. The operative direction was to dismiss the appeal as withdrawn. No issues were expressly left undecided, as the appeal was disposed of on a procedural ground.
What were the facts?
The appeal was filed by the Principal Commissioner of Income Tax (Central), Ludhiana against an order dated June 9, 2023, passed by the Income Tax Appellate Tribunal (ITAT), Amritsar Bench. The ITAT's order was in relation to ITA No.35/Asr/2020. The appellant, the Revenue, sought to challenge the ITAT's decision. The assessee in this matter is M/s Narula Solvex Pvt. Ltd. The assessment years are not explicitly stated in the provided text. The procedural history involves the ITAT passing an order which is now under challenge before the High Court.
What were the issues?
1. Whether the appeal should be dismissed as withdrawn in light of the tax effect and the CBDT circular? (Question of law) The Revenue, represented by the learned Senior Standing Counsel, argued that the tax effect involved in the appeal is below Rs.2 crores. Based on this, and in accordance with Circular No. 9 of 2024 dated September 17, 2024, issued by the Ministry of Finance, Department of Revenue, CBDT, the appellant had specific instructions to withdraw the appeal. The judgment does not record any arguments from the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
271-d IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
ITA-27-2024
Date of Decision: May 05, 2025
PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), LUDHIANA
..... Appellant
Versus
M/S NARULA SOLVEX PVT. LTD.
..... Respondent
CORAM:- HON'BLE MRS. JUSTICE LISA GILL
HON'BLE MRS. JUSTICE SUDEEPTI SHARMA
Present: Mr. Varun Issar, Senior Standing counsel for appellant.
**** LISA GILL, J.
Present appeal has been filed under Section 260A of the Income Tax Act, 1961 challenging order dated 09.06.2023 passed by learned Income Tax Appellate Tribunal, Amritsar Bench, Amritsar in ITA No.35/Asr/2020. 2.
Learned counsel for appellant submits that as the tax effect involved in this appeal is under Rs.2 crores, he has specific instructions to withdraw this appeal in view of circular No.9 of 2024 dated 17.09.2024 issued by Ministry of Finance, Department of Revenue, CBDT, Government of India. 3.
Appeal is, accordingly, dismissed as withdrawn.
(LISA GILL)
JUDGE
(SUDEEPTI SHARMA) May 05, 2025
JUDGE Rts
Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
RITU SHARMA 2025.05.07 10:43 I attest to the accuracy and integrity of this document
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