CIT, FARIDABAD vs. M/S G. WILLIAMS FABRICATIONS (P) LTD.
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The High Court dismissed the appeal as withdrawn with liberty granted to the revenue to file an application for revival of the appeal as prayed for.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 left open to be adjudicated in an appropriate case. No specific finding was given on the merits of the case as the appeal was withdrawn.
What were the facts?
The appeal was filed by the Commissioner of Income Tax, Faridabad (appellant-revenue) against an order of the Income Tax Appellate Tribunal (ITAT). The respondent is M/s G. William Fabrications (P) Ltd. The tax effect involved in the appeal was ₹29,91,822/-. The appeal was decided on 16.07.2018 by the High Court of Punjab and Haryana.
What were the issues?
1. Whether the appeal should be dismissed as withdrawn in view of the CBDT Circular No. 03/2018 dated 11th July, 2018, and if liberty should be granted to the revenue to revive the appeal. Contentions: Assessee: No arguments were recorded for the respondent (assessee). Revenue: The learned counsel for the appellant-revenue stated that due to the tax effect involved being ₹29,91,822/-, 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 survives.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 365 of 2010 Decided on : 16.07.2018 Commissioner of Income Tax, Faridabad . . . Appellant(s) Versus M/s G. William Fabrications (P) Ltd. . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AVNEESH JHINGAN PRESENT: Mr. Tajender K. Joshi, Sr. Standing Counsel for the appellant(s). None for the respondent(s). **** AJAY KUMAR MITTAL, J. (Oral) Learned counsel for the appellant-revenue states that since the tax effect involved is ` 29,91,822/-, he has instructions to withdraw the present appeal in view of the circular No.03/2018, dated 11th July, 2018, issued by the C.B.D.T., New Delhi. However, he 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 Dismissed as withdrawn with liberty as prayed for.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 16, 2018 J.Ram (AVNEESH JHINGAN) JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No Jawala Ram 2018.07.18 15:54 I attest to the accuracy and authenticity of this document Chandigarh
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