PR. COMMISSIONER OF INCOME TAX 2 CHANDIGARH vs. M/S PREET LAND PROMOTERS & DEVELOPERS PVT LTD

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ITA/313/2016HC Punjab & HaryanaPHHC01110517201620 July 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The High Court dismissed the appeal as withdrawn with liberty granted to the revenue to file an application for revival of the appeal. The Court clarified that the withdrawal of the appeal by the revenue would not be considered an affirmation of the Tribunal's order on merits. Furthermore, the legal issue claimed by the revenue was left open to be adjudicated in an appropriate case. The reasoning for withdrawal was based on the tax effect and the instructions received by the revenue's counsel from the CBDT circular. No decision was made on the merits of the case.

What were the facts?

The appellant, Pr. Commissioner of Income Tax-2, Chandigarh (Revenue), filed an appeal against an order of the Income Tax Appellate Tribunal (ITAT). The respondent is M/s Preet Land Promoters & Developers Pvt. Ltd. The appeal concerns assessment year(s) not specified in the judgment. The amount in dispute is Rs. 42,74,820/-. The procedural history is that the Revenue has filed the present appeal before the High Court.

What were the issues?

1. Whether the appeal filed by the Revenue should be dismissed as withdrawn in view of CBDT Circular No. 03/2018 dated 11th July, 2018, concerning tax effect thresholds for filing appeals. Contentions: Assessee: No arguments recorded for the assessee. Revenue: The learned counsel for the appellant-revenue stated that due to the tax effect of Rs. 42,74,820/-, she has instructions to withdraw the appeal in view of CBDT Circular No. 03/2018. She prayed for liberty to file an application for revival of the appeal if something survives.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA-313-2016 Date of Decision: 20.7.2018 The Pr. Commissioner of Income Tax-2, Chandigarh ...Appellant. Versus M/s Preet Land Promoters & Developers Pvt. Ltd., Nanu Majra, Mohali ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. HON'BLE MR. JUSTICE AVNEESH JHINGAN. PRESENT: Ms. Urvashi Dhugga, Sr. Standing Counsel for the appellant. Mr. Manpreet Singh Kanda, Advocate for the respondent. AJAY KUMAR MITTAL, J. 1. Learned counsel for the appellant-revenue states that since the tax effect involved is ` 42,74,820/-, she 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, she 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. (AJAY KUMAR MITTAL) JUDGE July 20, 2018 (AVNEESH JHINGAN) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Gurbachan Singh 2018.07.23 14:41 I attest to the accuracy and integrity of this document

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