PR COMMISSIONER OF INCOME TAX-2 CHANDIGARH vs. M/S NEWTIME ENGINEERS & BUILDERS LTD

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ITA/352/2016HC Punjab & HaryanaPHHC01110560201619 September 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The High Court dismissed the appeal as withdrawn, granting the revenue the liberty to file an application for revival of the appeal as prayed for.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 construed as an affirmation of the ITAT's order on merits. Furthermore, the legal issue, as claimed by the revenue, was explicitly left open to be adjudicated in an appropriate future case. The Court also noted that this order would dispose of all miscellaneous applications.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax-2, Chandigarh (the revenue) against M/s Newtime Engineers and Builders Ltd., 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 ₹24,35,134/-. The procedural history is that the revenue, through its counsel, sought to withdraw the appeal based on a CBDT Circular No. 03/2018 dated July 11, 2018, concerning tax effect thresholds for filing appeals. The revenue also requested liberty to revive the appeal if circumstances warranted.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn by the revenue, considering the tax effect and the CBDT Circular No. 03/2018. Contentions: Assessee: No specific contentions are recorded for the assessee in the judgment. Revenue: The revenue, through its counsel, argued for withdrawal of the appeal due to the tax effect being below the threshold stipulated in CBDT Circular No. 03/2018, dated July 11, 2018. The revenue also sought liberty to file an application for revival of the appeal.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA-352-2016 (O&M) Date of Decision: 19.9.2018 Principal Commissioner of Income Tax-2, Chandigarh ...Appellant. Versus M/s Newtime Engineers and Builders Ltd., 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. Mr. B.M. Monga, Advocate and Mr. Rohit Kaura, Advocate for the respondent. AJAY KUMAR MITTAL, J. 1. Learned counsel for the appellant-revenue states that since the tax effect involved is ` 24,35,134/-, 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. 3. This order shall also dispose of all the misc. applications. (AJAY KUMAR MITTAL) JUDGE September 19, 2018 (AVNEESH JHINGAN) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No GURBACHAN SINGH 2018.09.25 15:14 I attest to the accuracy and integrity of this document

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