PRINCIPAL COMMISSIONER OF INCOME TAX FARIDABAD vs. VOITH PAPER FABRICS INDIA LTD.

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ITA/302/2019HC Punjab & HaryanaPHHC01068828201909 January 2020Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE AVNEESH JHINGAN1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Punjab and Haryana dismissed the appeal as withdrawn. The court granted the appellant-revenue the liberty to file an application for revival of the appeal, should something survive therein. The reasoning for the dismissal was based on the appellant-revenue's submission that the tax effect involved was 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. The court also noted that any pending Civil Miscellaneous (C.M.) applications stood disposed of as a consequence of the main case being dismissed as withdrawn. No specific issue was left undecided, as the appeal was withdrawn by the appellant.

What were the facts?

The appellant, the Principal Commissioner of Income Tax, Faridabad, filed an appeal before the High Court of Punjab and Haryana challenging an order. The respondent is M/s. Voith Paper Fabrics India Ltd. The assessment years are not specified. The appeal concerns a dispute where the tax effect is stated to be below the monetary limit prescribed by CBDT Circular No. 3 of 2018, as amended by Circular No. 17 of 2019 and a subsequent letter. The revenue's counsel sought to withdraw the appeal based on these circulars.

What were the issues?

1. Whether the appeal can be withdrawn by the revenue on the grounds of tax effect being below the prescribed monetary limit as per CBDT Circulars No. 3 of 2018 and 17 of 2019, read with Letter No. F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019. The appellant (revenue) argued that due to the low tax effect, which falls below the monetary limit stipulated in the aforementioned CBDT circulars and letter, they have instructions to withdraw the present appeal. They also prayed for liberty to revive the appeal if circumstances warranted. The respondent (assessee) did not record any arguments in the judgment.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 115 ITA-302-2019(O&M) Date of decision :9.1.2020 The Pr. Commissioner of Income Tax, Faridabad ...... Appellant versus M/s. Voith Paper Fabrics India Ltd. ...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE AVNEESH JHINGAN Present : Mr. T.K.Joshi, 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 as withdrawn, the pending C.M, if any also stands disposed of. (AJAY TEWARI) JUDGE (AVNEESH JHINGAN) JUDGE 9.1.2020 anuradha Whether speaking/reasoned Yes/No Whether Reportable : Yes/No ANURADHA 2020.01.10 16:03 I attest to the accuracy and integrity of this document

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