COMMISSIONER OF INCOME TAX II CHANDIGARH vs. M/S GLAXO SMITHKLINE CONSUMER HEALTHCARE LTD
What did the High Court hold?
The Tribunal noted the agreement between the appellant (Department) and the respondent that the dispute had been settled under the 'Vivad Se Vishwas Scheme'. Based on this mutual understanding and the Department's statement that it would not be pursuing the appeal, the Tribunal disposed of the appeal as 'not pressed'. No findings were made on the merits of the original assessment or any other substantive issue. The operative direction was to dismiss the appeal as not pressed.
What were the facts?
The appeal was filed by the Commissioner of Income Tax-II, Chandigarh (appellant) against M/s Glaxo SmithKline Consumer Healthcare Ltd. (respondent). The case was listed for hearing on March 12, 2024. However, it was agreed by both parties that the dispute in the present appeal has been settled under the 'Vivad Se Vishwas Scheme'. Consequently, the Department stated that it would not be pursuing the appeal. The date of hearing was preponed to the current date, and the appeal was disposed of as not pressed.
What were the issues?
The Tribunal did not have to decide any substantive issues of law or fact. The primary matter before the Tribunal was the procedural status of the appeal. The parties, through their counsel, agreed that the dispute had been settled under the 'Vivad Se Vishwas Scheme'. The Department, therefore, indicated its intention not to pursue the appeal. No arguments were presented by either side concerning the merits of the original dispute, as the appeal was being withdrawn due to settlement.
AI-generated summary — verify with the full judgment below
Neutral Citation No. 2023:PHHC:161580 -DB
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
ITA-31-2013 (O&M)
Decided on : 14.12.2023
Commissioner of Income Tax-II, Chandigarh
……Appellant(s)
Versus M/s Glaxo SmithKline Consumer Healthcare Ltd. ……Respondent(s)
CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA
HON'BLE MS.JUSTICE LAPITA BANERJI
Present:- Ms.Pridhi Jaswinder Sandhu, Jr.Standing Counsel, for the appellant(s).
Mr.Vishal Gupta, Advocate
Mr.Abhishek Sharma, Advocate for the respondent(s).
****
G.S. Sandhawalia, J. (Oral) 1.
It is agreed that the dispute in the present appeal already stands settled under the ‘Vivad Se Vishwas Scheme’ and therefore, the Department would not be pursuing the said appeal. 2.
Accordingly, date of hearing of the case from 12.03.2024 is preponed to today. The same is disposed of as not pressed, as per the statement made by counsel for the parties.
(G.S. SANDHAWALIA)
JUDGE
(LAPITA BANERJI) 14.12.2023
JUDGE sailesh
Whether speaking/reasoned : Yes
Whether Reportable :
NAVEEN NAGPAL 2023.12.19 11:41 I attest to the accuracy and authenticity of this order/judgment Chandigarh
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