COMMISSIONER OF INCOME TAX JALANDHAR vs. DEEPAK MITTAL

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ITA/298/2014HC Punjab & HaryanaPHHC01109439201406 September 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL1 pages
AI SummaryDismissed

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The High Court dismissed the appeal as withdrawn.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, should circumstances warrant it. The reasoning for dismissal was based on the revenue's submission that the tax effect was below the monetary limit stipulated by the Central Board of Direct Taxes (CBDT) in its circulars and subsequent letter. The principle established is that appeals can be withdrawn and potentially revived under specific conditions related to monetary limits and administrative instructions from the CBDT. Any pending C.M. (Civil Miscellaneous application), if any, was also disposed of as the main case was dismissed.

What were the facts?

The appeal was filed by the Commissioner of Income Tax-I, Jalandhar (appellant-revenue) against Shri Deepak Mittal (respondent-assessee). The assessment year(s) are not specified in the judgment. The appeal challenges an order or action that is not detailed. The procedural history is that the revenue has instructed its counsel to withdraw the appeal due to the tax effect being below the prescribed monetary limit as per CBDT Circular No. 3 of 2018 and Circular No. 17 of 2019, read with a letter dated 20.08.2019. The revenue sought liberty to revive the appeal if circumstances changed.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn, with liberty to revive, based on the revenue's instruction due to the tax effect being below the prescribed monetary limit. Contentions: Assessee: Not recorded. Revenue: The revenue, citing CBDT Circular No. 3 of 2018 and Circular No. 17 of 2019, along with a letter dated 20.08.2019, stated that the tax effect involved is less than the monetary limit prescribed. Therefore, they have instructions to withdraw the present appeal and prayed for liberty to file an application for revival of the appeal in case something survives therein.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 317-2 ITA No.298 of 2014 (O&M) Date of decision : 06.09.2019 Commissioner of Income Tax-I, Jalandhar ...... Appellant versus Shri Deepak Mittal C/o Sonalika Agrl. Industries ...... 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. Mr. Akshay Bhan, Sr. Advocate with Mr. Alok Mittal, Advocate and Mr. Shantanu Bnasal, Advocate for the respondent-Assesse.

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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