PR COMMISSIONER OF INCOME TAX-1 CHANDIGARH vs. M/S JAGTU MAL KUNDAN LAL

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ITA/277/2019HC Punjab & HaryanaPHHC01051068201915 October 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn. The court granted the liberty as prayed for by the appellant-revenue to file an application for revival of the appeal in case something survives therein. The reasoning behind this decision is the appellant-revenue's submission that the tax effect was below the monetary limit stipulated in the relevant CBDT circulars, which is a common ground for withdrawal of appeals by the revenue. Since the main appeal was dismissed, any pending applications related to the appeal were also disposed of.

What were the facts?

The Principal Commissioner of Income Tax-1, Chandigarh (appellant-revenue) filed an appeal against an order of the Income Tax Appellate Tribunal (ITAT). The respondent is M/s Jagtu Mal Kundan Lal. The appeal was filed for the assessment year(s) not specified in the judgment. The appellant-revenue sought to withdraw the appeal on the grounds that the tax effect involved was below the monetary limit prescribed by CBDT Circular No. 3 of 2018, as amended by Circular No. 17 of 2019, and a subsequent letter dated 20.08.2019.

What were the issues?

1. Whether the appeal filed by the revenue should be dismissed as withdrawn, considering the tax effect is below the prescribed monetary limit as per CBDT Circulars? Assessee's Contention: Not recorded in the judgment. Revenue's Contention: The revenue, through its learned counsel, stated that the tax effect involved in the appeal is less than the monetary limit prescribed by CBDT Circular No. 3 of 2018, as amended by Circular No. 17 of 2019 and Letter No. F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019. Consequently, the revenue sought to withdraw the present appeal, while praying for liberty to revive it if circumstances warranted.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 277 of 2019 (O&M) Date of Decision: 15.10.2019 Pr. Commissioner of Income Tax-1, Chandigarh .......Appellant Vs. M/s Jagtu Mal Kundan Lal .......Respondent CORAM: HON’BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present: Mr. Yogesh Putney, Senior Standing Counsel for the appellant. ***** AJAY TEWARI

, J. (ORAL)

1.

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 appellant-revenue to file an application for revival of the appeal, in case something survives therein. 2. Dismissed as withdrawn with liberty as prayed for. 3. Since the main case has been dismissed, the pending application, if any, also stands disposed of. (AJAY TEWARI) JUDGE (HARNARESH SINGH GILL) October 15, 2019

JUDGE Gurpreet Whether speaking /reasoned : Yes Whether Reportable : No GURPREET SINGH 2019.10.16 16:21 I attest to the accuracy and authenticity of this document chandigarh

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