PR COMMISSIONER OF INCOME TAX JALANDHAR vs. M/S HANSA EXPORT CORPORATION JALANDHAR

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ITA/29/2016HC Punjab & HaryanaPHHC01110490201606 September 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court decided to dismiss the appeal as withdrawn. The reasoning provided by the revenue's counsel was that the tax effect involved in the appeal was below the monetary limit prescribed by the Central Board of Direct Taxes (CBDT) in its Circular No. 3 of 2018, subsequently amended by Circular No. 17 of 2019 and a letter dated 20.08.2019. Based on these instructions, the learned counsel for the appellant-revenue stated they had instructions to withdraw the appeal. The court granted the liberty sought by the revenue to file an application for revival of the appeal in case something survives therein. Consequently, the main case was dismissed as withdrawn, and any pending civil miscellaneous applications were also disposed of.

What were the facts?

This case involves an appeal filed by the Principal Commissioner of Income Tax, Jalandhar-I (the revenue) against M/s Hansa Export Corporation (the assessee). The appeal pertains to Income Tax Appellate Tribunal (ITAT) proceedings, though the specific assessment year(s) and the order/action under challenge are not detailed in this High Court judgment. The procedural history indicates that the revenue filed the present appeal before the High Court. The amount in dispute is not explicitly stated but is referred to in terms of a monetary limit prescribed by CBDT circulars.

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 Whether the appeal filed by the revenue should be dismissed as withdrawn, considering the tax effect is below the prescribed monetary limit for appeals, as per CBDT Circular No. 3 of 2018 and subsequent amendments. The revenue's contention, as presented by its counsel, is that due to the tax effect being less than the monetary limit stipulated in 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, they have instructions to withdraw the appeal. The revenue also sought liberty to revive the appeal if circumstances warranted. No arguments were recorded for the respondent assessee.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 339-2 ITA No.29 of 2016 (O&M) Date of decision : 06.09.2019 Pr. Commissioner of Income Tax, Jalandhar-I ...... Appellant versus M/s Hansa Export Corporation, 15A, Basti Nau, Jalandhar ... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MR.JUSTICE HARNARESH SINGH GILL Present : Mr. Vivek Sethi, Senior Standing counsel with Mr. Varun Issar, Junior Standing counsel for the appellant. None for the respondent. 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 C.M., if any, also stands disposed of. (AJAY TEWARI) JUDGE (HARNARESH SINGH GILL) JUDGE 06.09.2019 anuradha Whether speaking/reasoned Yes/No Whether Reportable : Yes/No Anuradha 2019.09.11 15:35 I attest to the accuracy and integrity of this document

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