PR. COMMISSIONER OF INCOME TAX (CENTRAL), LUDHIANA vs. M/S GOPAL CASTINGS (P) LTD.

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ITA/335/2016HC Punjab & HaryanaPHHC01110541201628 September 2018Bench: MR. JUSTICE SURINDER GUPTA,LOK ADALAT BENCH - 31 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The High Court dismissed the appeal as withdrawn with liberty granted to the revenue to file an application for revival of the appeal as prayed for.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 Income Tax Appellate Tribunal's order on merits. Furthermore, the legal issue claimed by the revenue was left open to be adjudicated in an appropriate case. The judgment does not record any specific findings on the merits of the case or the reasoning that led to the original order under challenge, as the appeal was withdrawn by the revenue.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax (Central), Ludhiana (the revenue) against M/s Gopal Castings (P) Ltd. (the assessee). The appeal was listed for hearing on 10.10.2018, but was preponed to 28.9.2018 at the joint oral request of the counsel for the parties. The revenue stated that the tax effect involved was ₹ 37,82,200/-. Based on Circular No. 03/2018 dated 11th July, 2018, issued by the Central Board of Direct Taxes, the revenue sought to withdraw the appeal. The revenue also requested liberty to file an application for revival of the appeal if something survived therein.

What were the issues?

1. Whether the revenue is entitled to withdraw the appeal, given the tax effect and CBDT Circular No. 03/2018? (Question of law) Contentions: Assessee: No specific contentions recorded in the judgment. Revenue: The revenue, through its learned counsel, stated that the tax effect involved was ₹ 37,82,200/-. In view of CBDT Circular No. 03/2018 dated 11th July, 2018, the revenue had instructions to withdraw the present appeal. The revenue prayed for liberty to file an application for revival of the appeal in case something survived therein.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA-335-2016 (O&M) Date of Decision: 28.9.2018 The Principal Commissioner of Income Tax (Central), Ludhiana ...Appellant. Versus M/s Gopal Castings (P) Ltd., Mandi Gobindgarh ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. HON'BLE MR. JUSTICE AVNEESH JHINGAN. PRESENT: Mr. Rajesh Katoch, Sr. Standing Counsel for the appellant. Ms. Parminder Kaur, Advocate for Mr. Vishal Gupta, Advocate for the respondent. AJAY KUMAR MITTAL, J. 1. At the joint oral request of learned counsel for the parties, the date of hearing in the appeal is preponed from 10.10.2018 to today and the case is taken up for hearing today itself. 2. Learned counsel for the appellant-revenue states that since the tax effect involved is ` 37,82,200/-, 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. 3. 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 September 28, 2018 (AVNEESH JHINGAN) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No GURBACHAN SINGH 2018.10.03 10:17 I attest to the accuracy and integrity of this document

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