COMMISSIONER OF INCOME TAX-II JALANDHAR vs. TEJINDER SINGH

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ITA/332/2014HC Punjab & HaryanaPHHC01109478201420 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The High Court dismissed the appeal as withdrawn with liberty granted to the revenue to file an application for revival of the appeal as prayed for. The Court clarified that the withdrawal of the appeal by the revenue would not be considered an affirmation of the ITAT's order on merits. Furthermore, the legal issue claimed by the revenue was explicitly left open to be adjudicated in an appropriate case. No decision was made on the merits of the case.

What were the facts?

The appeal was filed by the Commissioner of Income Tax-II, Jalandhar (appellant-revenue) against an order of the Income Tax Appellate Tribunal (ITAT). The respondent was Shri Tejinder Singh. The tax effect involved in the appeal was ₹38,51,426. The appeal was heard by the High Court of Punjab & Haryana at Chandigarh.

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 Whether the appeal filed by the revenue should be dismissed as withdrawn in view of CBDT Circular No. 03/2018 dated 11th July, 2018, concerning tax effect thresholds for filing appeals. Contentions: Assessee: No specific contentions are recorded for the assessee as the appeal was withdrawn by the revenue. Revenue: The learned counsel for the appellant-revenue stated that due to the tax effect of ₹38,51,426, they had instructions to withdraw the appeal in accordance with CBDT Circular No. 03/2018. They prayed for liberty to file an application for revival of the appeal if anything survived.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA-332-2014 Date of Decision: 20.7.2018 The Commissioner of Income Tax-II, Jalandhar ...Appellant. Versus Shri Tejinder Singh ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. HON'BLE MR. JUSTICE AVNEESH JHINGAN. PRESENT: Mr. Vivek Sethi, Sr. Standing Counsel for the appellant. Mr. Saurabh Kapoor, Advocate for the respondent. AJAY KUMAR MITTAL, J. 1. Learned counsel for the appellant-revenue states that since the tax effect involved is ` 38,51,426/-, 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. (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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