COMM. OF INCOME TAX vs. MAHAVIR SPINNING MILS

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ITA/323/2004HC Punjab & HaryanaPHHC01051474200422 October 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Punjab and Haryana at Chandigarh dismissed the appeal as withdrawn. The court granted the liberty as prayed for by the appellant-revenue to file an application for revival of the appeal in case something survived therein. The court noted that the tax effect involved was less than the monetary limit prescribed in CBDT Circular No. 3 of 2018, as amended by Circular No. 17 of 2019 and Letter No. F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019. Consequently, the pending application, if any, was also disposed of as the main case was dismissed.

What were the facts?

The appeal was filed by the Commissioner of Income Tax-1, Ludhiana (appellant-revenue) against M/s Mahavir Spinning Mills Ltd., Ludhiana (respondent-assessee). The appeal was filed before the High Court of Punjab and Haryana at Chandigarh. There was a delay of 17 days in re-filing the appeal, which was condoned by the court. The revenue sought to withdraw the appeal, citing the tax effect being below the monetary limit prescribed by CBDT Circular No. 3 of 2018 and Circular No. 17 of 2019, read with a letter dated 20.08.2019. The revenue also requested liberty to file an application for revival of the appeal if circumstances changed.

What were the issues?

1. Whether the appeal filed by the revenue should be dismissed as withdrawn, considering the tax effect is below the prescribed monetary limits and the revenue's instructions to withdraw. Assessee's Contention: The judgment does not record any specific arguments made by the assessee. The revenue, through its counsel, stated that due to the tax effect being below the monetary limits prescribed by CBDT Circular No. 3 of 2018 and Circular No. 17 of 2019, read with Letter No. F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019, it had instructions to withdraw the appeal. The revenue sought liberty to revive the appeal if circumstances warranted.

AI-generated summary — verify with the full judgment below

ITA No. 323 of 2004 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 323 of 2004 (O&M) Date of Decision: 22.10.2019 Commissioner of Income Tax-1, Ludhiana .......Appellant Vs. M/s Mahavir Spinning Mills Ltd., Ludhiana .......Respondent CORAM: HON’BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present: Mr. Rajesh Katoch, Senior Standing Counsel with Ms. Pridhi Jaswinder Sandhu, Junior Standing Counsel for the appellant. Mr. Akshay Bhan, Senior Advocate with Mr. Alok Mittal, Advocate for the respondent.

***** AJAY TEWARI

, J. (ORAL)

CM-21587-CII-2004 This is an application for condonation of delay of 17 days in re-filing the present appeal. For the reasons stated in the application, the same is allowed. Delay of 17 days in re-filing the appeal is condoned. ITA-323-2004 (O&M) 1. Learned counsel for the appellant-revenue states that since the tax effect involved is less than the monetary limit as prescribed in Circular No.3 of 2018 dated 11.07.2018 issued by the Central Board of Direct Taxes, further amended vide Circular No.17 of 2019 dated 08.08.2019 read with Letter No. F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019, he has GURPREET SINGH 2019.10.24 15:23 I attest to the accuracy and authenticity of this document chandigarh

ITA No. 323 of 2004 (O&M) -2- instructions to withdraw the present appeal. However, he prayed that liberty be granted to the appellant-revenue to file an application for revival of the appeal, in case something survives therein. 2. Dismissed as withdrawn with liberty as prayed for. 3. Since the main case has been dismissed, the pending application, if any, also stands disposed of. (AJAY TEWARI) JUDGE (HARNARESH SINGH GILL) October 22, 2019

JUDGE Gurpreet Whether speaking /reasoned : Yes Whether Reportable : No GURPREET SINGH 2019.10.24 15:23 I attest to the accuracy and authenticity of this document chandigarh

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