PR.COMMISSIONER OF INCOME TAX (CENTRAL), GURGAON vs. M/S RENAISSANCE BUILDCON COMPANY (P) LTD. (THROUGH ITS MANAGING DIRECTOR)

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ITA/31/2019HC Punjab & HaryanaPHHC01147907201830 August 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court condoned the delay of 159 days in re-filing the appeal, allowing the application under Section 151 CPC for the reasons stated therein. The Court then considered the appeal itself. The revenue, through its counsel, stated that it had instructions to withdraw the appeal because the tax effect involved was less than Rs. One crore, referencing Circular No. 17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes. The revenue also prayed for liberty to file an application for revival of the appeal should circumstances warrant it. The Court dismissed the appeal as withdrawn with the liberty as prayed for. The legal issue claimed by the revenue was expressly left open to be adjudicated in an appropriate case.

What were the facts?

The case involves an appeal filed by the Principal Commissioner of Income Tax (Central), Gurgaon (the revenue) against an order concerning M/s Renaissance Buildcon Company (P) Ltd. (the assessee). The appeal was filed with a delay of 159 days, for which an application for condonation of delay was made under Section 151 CPC. The revenue sought to withdraw the appeal due to the tax effect being less than Rs. One crore, citing Circular No. 17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes. The revenue also requested liberty to file an application for revival of the appeal if circumstances changed.

What were the issues?

1. Whether the delay of 159 days in re-filing the appeal should be condoned? (Question of procedure) Assessee's Contention: Not recorded. Revenue's Contention: The delay was due to reasons stated in the application, and condonation should be granted. 2. Whether the appeal should be dismissed as withdrawn, with liberty to revive, in light of CBDT Circular No. 17/2019 and the tax effect being below the threshold? Assessee's Contention: Not recorded. Revenue's Contention: The appeal is being withdrawn in view of CBDT Circular No. 17/2019 as the tax effect is less than Rs. One crore, and liberty to revive should be granted.

Which sections of the Income-tax Act were involved?

Section 151

AI-generated summary — verify with the full judgment below

CM No. 773-CII of 2019 in/and

....1.... ITA No. 31 of 2019 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No. 773-CII of 2019 in/and ITA No. 31 of 2019 (O&M) Date of Decision: 30.8.2019 Principal Commissioner of Income Tax (Central), Gurgaon

.......Appellant Vs. M/s Renaissance Buildcon Company (P) Ltd. .......Respondent CORAM: HON’BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present: Mr. Dinesh Saini, Advocate for Mr. Kunal Sharma, Advocate for the appellant. ***** AJAY TEWARI

, J. (ORAL)

CM No. 773-CII of 2019 This is an application under Section 151 CPC seeking condonation of delay of 159 days in re-filing the present appeal. For the reasons stated in the application, the same is allowed. Delay of 159 days in re-filing the appeal is condoned. ITA No. 31 of 2019 (O&M) Learned counsel for the appellant-revenue has very fairly stated that since the tax effect involved is less than Rs. One crore, he has instructions to withdraw the present appeal in view of Circular dated 17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes, New GURPREET SINGH 2019.09.03 15:29 I attest to the accuracy and authenticity of this document chandigarh

CM No. 773-CII of 2019 in/and

....2.... ITA No. 31 of 2019 Delhi. However, he has prayed that liberty be granted to revenue to file an application for revival of the appeal in case something survives therein. Dismissed as withdrawn with liberty as prayed for. Further the legal issue as claimed by the revenue is being left open to be adjudicated in an appropriate case. (AJAY TEWARI) JUDGE (HARNARESH SINGH GILL) August 30, 2019

JUDGE Gurpreet Whether speaking /reasoned : Yes Whether Reportable : No GURPREET SINGH 2019.09.03 15:29 I attest to the accuracy and authenticity of this document chandigarh

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