PR. COMMISSIONER OF INCOME TAX-1, CHANDIGARH vs. M/S ASIA RESORTS LIMITED

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ITA/346/2018HC Punjab & HaryanaPHHC01119206201816 October 2018Bench: MR. JUSTICE R.C. KATHURIA (RETD.),MS. JUSTICE RITU BAHRI1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn, granting the revenue liberty to file an application for revival of the appeal as prayed for.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 Tribunal's order on merits. Furthermore, the legal issue claimed by the revenue was left open to be adjudicated in an appropriate case. The Court did not decide the merits of the case.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax-I, Chandigarh (the revenue) against M/s Asia Resorts Limited, Chandigarh (the assessee). The assessment year(s) are not specified. The appeal challenges an order of the Income Tax Appellate Tribunal (ITAT). The amount in dispute is ₹14,35,520/-. The procedural history is that the revenue, through its counsel, sought to withdraw the appeal based on a CBDT Circular.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn by the revenue. Assessee's arguments: Not recorded. Revenue's arguments: The revenue, through its counsel, stated that the tax effect involved is ₹14,35,520/- and sought to withdraw the appeal in view of Circular No. 03/2018 dated 11th July, 2018, issued by the CBDT. The revenue also prayed for liberty to file an application for revival of the appeal if something survives therein.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA-346-2018 (O&M) Date of Decision: 16.10.2018 Principal Commissioner of Income Tax-I, Chandigarh ...Appellant. Versus M/s Asia Resorts Limited, Chandigarh ...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. AJAY KUMAR MITTAL, J. 1. Learned counsel for the appellant-revenue states that since the tax effect involved is ` 14,35,520/-, 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 October 16, 2018 (AVNEESH JHINGAN) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No GURBACHAN SINGH 2018.10.17 11:01 I attest to the accuracy and integrity of this document

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