PR. COMMISSIONER OF INCOME TAX vs. M/S R.P. FOUNDRY P LTD MANDI GOBINDGARH

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ITA/303/2016HC Punjab & HaryanaPHHC01110506201629 October 2018Bench: MR. JUSTICE SURINDER GUPTA,LOK ADALAT BENCH - 31 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn. The court granted liberty to the revenue 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 considered an affirmation of the ITAT's order on merits. Furthermore, the legal issue, as claimed by the revenue, was left open to be adjudicated in an appropriate case. The court did not decide on the merits of the case.

What were the facts?

The Principal Commissioner of Income Tax (Central), Ludhiana (appellant-revenue) filed an appeal before the High Court of Punjab and Haryana at Chandigarh against an order of the Income Tax Appellate Tribunal (ITAT). The respondent is M/s R.P. Foundry (P) Ltd. The appeal was filed for assessment year(s) not specified in the judgment. The amount in dispute is stated to be ₹ 42,67,370/-. The procedural history leading to this appeal is not detailed, other than the fact that the revenue is challenging an ITAT order.

What were the issues?

1. Whether the appeal filed by the revenue should be withdrawn in light of CBDT Circular No. 03/2018 dated 11th July, 2018, considering the tax effect involved? (Question of law) Assessee's Contention: Not recorded. Revenue's Contention: The learned counsel for the appellant-revenue stated that due to the tax effect of ₹ 42,67,370/-, the revenue has instructions to withdraw the present appeal in view of CBDT Circular No. 03/2018. The revenue prayed for liberty to file an application for revival of the appeal if something survives therein.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 303 of 2016 (O&M) Decided on : 29.10.2018 Pr. Commissioner of Income Tax (Central), Ludhiana . . . Appellant(s) Versus M/s R.P. Foundry (P) Ltd. . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AVNEESH JHINGAN PRESENT: Mr. Rajesh Katoch, Sr. Standing Counsel for the appellant(s). Mr. Rohit Kaura, Advocate for the respondent(s). **** AJAY KUMAR MITTAL, J. (Oral) Learned counsel for the appellant-revenue states that since the tax effect involved is ` 42,67,370/-, he has instructions to withdraw the present appeal in view of the circular No.03/2018, dated 11th July, 2018, issued by the C.B.D.T., New Delhi. However, he 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. (AJAY KUMAR MITTAL) JUDGE October 29, 2018 J.Ram (AVNEESH JHINGAN) JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No JAWALA RAM 2018.10.30 11:17 I attest to the accuracy and authenticity of this document Chandigarh

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