PRINCIPAL COMMR. OF INCOME TAX BATHINDA vs. M/S KISHAN MAL OIL COTTON & GINNING FACTORY

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ITA/306/2017HC Punjab & HaryanaPHHC01117510201707 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The High Court dismissed the appeal as withdrawn, granting the revenue the liberty to file an application for revival of the appeal as prayed for. The Court clarified that the withdrawal of the appeal by the revenue would not be construed as an affirmation of the ITAT's order on its merits. Furthermore, the legal issue, as claimed by the revenue, was explicitly left open to be adjudicated in an appropriate future case. The related application was also dismissed as withdrawn.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Bathinda (the revenue) against M/s Krishan Mal Oil Cotton & Ginning Factory, Rampura Phul, Bathinda (the assessee). The assessment year(s) are not explicitly stated. The appeal challenges an order passed by the Income Tax Appellate Tribunal (ITAT). The tax effect involved in the appeal is ₹22,08,007. The revenue sought to withdraw the appeal in view of Circular No. 03/2018 dated 11th July, 2018, issued by the Central Board of Direct Taxes, and prayed for liberty to revive the appeal if something survives. An application related to the appeal was also filed.

What were the issues?

1. Whether the revenue is permitted to withdraw the appeal in light of CBDT Circular No. 03/2018, and if liberty to revive the appeal can be granted. Assessee's contentions: Not recorded. Revenue's contentions: The revenue, through its learned counsel, stated that due to the tax effect of ₹22,08,007, it had instructions to withdraw the appeal in accordance with CBDT Circular No. 03/2018. The revenue further prayed for liberty to file an application for revival of the appeal in case any aspect of the matter survives.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA-306-2017 (O&M) Date of Decision: 7.8.2018 Principal Commissioner of Income Tax, Bathinda ...Appellant. Versus M/s Krishan Mal Oil Cotton & Ginning Factory, Rampura Phul, Bathinda ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. HON'BLE MR. JUSTICE AVNEESH JHINGAN. PRESENT: Mr. Denesh Goyal, Sr. Standing Counsel for the appellant. Mr. Pankaj Jain, Senior Advocate with Mr. Divya Suri, Advocate and Mr. Sachin Bhardwaj, Advocate for the respondent. AJAY KUMAR MITTAL, J. 1. Learned counsel for the appellant-revenue states that since the tax effect involved is ` 22,08,007/-, 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. Application is also dismissed as withdrawn. (AJAY KUMAR MITTAL) JUDGE August 7, 2018 (AVNEESH JHINGAN) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No GURBACHAN SINGH 2018.08.08 12:57 I attest to the accuracy and integrity of this document

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