PR.COMMISSIONER OF INCOME TAX (CENTRAL), GURUGRAM vs. M/S S.V.S.PROPMART PVT. LTD.
What did the High Court hold?
The High Court dismissed the appeals as withdrawn, granting the revenue the liberty to file an application for revival of the appeals as prayed for. The Court explicitly stated that the legal issue claimed by the revenue was being left open to be adjudicated in an appropriate case. This means the merits of the appeal were not decided, and the withdrawal was based solely on the tax effect and the CBDT circular. The principle that can be cited is that appeals can be withdrawn based on tax effect thresholds stipulated by CBDT circulars, with potential for revival if circumstances change, and that such withdrawals do not preclude future adjudication of the underlying legal issue in other cases. Pending applications were also disposed of.
What were the facts?
The appeals were filed by the Principal Commissioner of Income Tax (Central), Gurugram (the revenue) against M/s S.V.S.Propmart Pvt. Ltd. (the assessee). The appeals challenged orders from the Income Tax Appellate Tribunal (ITAT). The specific assessment years are not mentioned in the provided text. The revenue's counsel stated that the tax effect involved was less than ₹1 Crore. The revenue sought to withdraw the appeals in accordance with a CBDT Circular dated 08.08.2019. The revenue also requested liberty to file an application for revival of the appeals if any issue survived.
What were the issues?
1. Whether the appeals should be dismissed as withdrawn based on the tax effect and the CBDT Circular dated 08.08.2019, and if liberty should be granted to the revenue to revive the appeals. The revenue argued that due to the tax effect being less than ₹1 Crore, they had instructions to withdraw the appeals in view of CBDT Circular dated 08.08.2019. They further prayed for liberty to file an application for revival of the appeals if something survived therein. The judgment does not record any arguments from the assessee's side.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 106 ITA-2306-2018 (O&M) Date of Decision: 27.08.2019 Pr. Commissioner of Income Tax (Central), Gurugram ......Appellant Versus M/s S.V.S.Propmart Pvt. Ltd. .......Respondent 106-A ITA -8514-2018 (O&M) Pr. Commissioner of Income Tax (Central), Gurugram ......Appellant Versus M/s S.V.S.Propmart Pvt. Ltd. .......Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present: Mr. Denesh Goyal, Senior Standing Counsel for Mr. Kunal Sharma, Senior Standing Counsel for the appellant. AJAY TEWARI, J (ORAL) Learned counsel for the appellant-revenue has very fairly stated that since the tax effect involved is less than ` 1 Crore, he has instructions to withdraw the present appeals in view of Circular dated 17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes, New Delhi. However, he has prayed that liberty be granted to revenue to file an application for revival of the appeal(s) in case something survives therein. 2. Dismissed as withdrawn with liberty as prayed for. Further the legal issue as claimed by the revenue is being left open to be adjudicated in POOJA SAINI 2019.08.29 11:57 I attest to the accuracy and integrity of this document
ITA-2306-2018 (O&M) -2- an appropriate case. 3. Since the main case has been disposed of, the pending CM, if any, also stands disposed of. (AJAY TEWARI) JUDGE (HARNARESH SINGH GILL) JUDGE 27.08.2019 pooja saini Whether speaking/reasoned : Yes/No Whether reportable : Yes/No POOJA SAINI 2019.08.29 11:57 I attest to the accuracy and integrity of this document
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