THE PRINCIPAL COMMISSIONER OF INCOME TAX FARIDABAD vs. M/S JONEJA BRIGHT STEELS PVT. LTD.

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ITA/3/2018HC Punjab & HaryanaPHHC01119154201829 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The High Court dismissed the appeal as withdrawn.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 construed as an affirmation of the Income Tax Appellate Tribunal's order on its merits. Furthermore, the court explicitly stated that the legal issue, as claimed by the revenue, was being left open to be adjudicated in an appropriate future case. The miscellaneous applications were also dismissed as withdrawn.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Faridabad (the revenue) against M/s Joneja Bright Steels Pvt. Ltd., Faridabad (the assessee). The appeal was before the High Court of Punjab & Haryana at Chandigarh. The tax effect involved in the appeal was ₹ 21,52,500/-. The revenue sought to withdraw the appeal based on Circular No. 03/2018 dated 11th July, 2018, issued by the Central Board of Direct Taxes. The revenue also requested liberty to file an application for revival of the appeal if circumstances warranted. Miscellaneous applications related to the appeal were also filed.

What were the issues?

1. Whether the revenue is permitted to withdraw the appeal based on the tax effect and CBDT Circular No. 03/2018? (Question of procedure/administrative policy) Contentions: Assessee: No specific arguments recorded in the judgment. Revenue: The revenue, through its counsel, stated that due to the tax effect of ₹ 21,52,500/-, it had instructions to withdraw the appeal in accordance with CBDT Circular No. 03/2018, dated 11th July, 2018. The revenue also prayed for liberty to revive the appeal if any aspect of the matter survived.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA-3-2018 (O&M) Date of Decision: 29.8.2018 Principal Commissioner of Income Tax, Faridabad ...Appellant. Versus M/s Joneja Bright Steels Pvt. Ltd., Faridabad ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. HON'BLE MR. JUSTICE AVNEESH JHINGAN. PRESENT: Mr. Arun Sharma, Advocate for Mr. Tajender K. Joshi, Sr. Standing Counsel for the appellant. Mr. Sanjay Bansal, Senior Advocate with Mr. Onkar Singh, Advocate and Mr. Amit Parsad, Advocate for the respondent. AJAY KUMAR MITTAL, J. 1. Learned counsel for the appellant-revenue states that since the tax effect involved is ` 21,52,500/-, 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. 3. Misc. applications are also dismissed as withdrawn. (AJAY KUMAR MITTAL) JUDGE August 29, 2018 (AVNEESH JHINGAN) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No GURBACHAN SINGH 2018.08.30 11:02 I attest to the accuracy and integrity of this document

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