COMMISSIONER OF INCOME TAX PATIALA vs. MAHARAJA AMARINDER SINGH

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ITA/370/2010HC Punjab & HaryanaPHHC01093297201021 September 2016Bench: MR. JUSTICE ASHUTOSH MOHUNTA,MR. JUSTICE RAMENDRA JAIN1 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The High Court dismissed the appeal as withdrawn, granting the revenue the liberty to file an application for revival of the appeal as prayed for.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 considered an affirmation of the Tribunal's order on merits. Furthermore, the legal issue, as claimed by the revenue, was left open to be adjudicated in an appropriate case. The Court did not decide the substantive merits of the appeal.

What were the facts?

The appeal was filed by the Commissioner of Income Tax, Patiala (appellant-revenue) against Maharaja Amarinder Singh (respondent-assessee). The assessment year(s) are not specified. The appeal challenges an order of the Income Tax Appellate Tribunal (ITAT). The tax effect involved in the appeal is approximately ₹1,47,957. The procedural history indicates that the revenue 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 Whether the appeal should be dismissed as withdrawn by the revenue, and if so, whether liberty should be granted to the revenue to revive the appeal. Assessee's Contentions: Not recorded. Revenue's Contentions: The revenue, represented by its learned counsel, stated that due to the tax effect being approximately ₹1,47,957, it had instructions to withdraw the appeal in accordance with CBDT Circular No. 21/2015 dated 10.12.2015. The revenue also prayed for liberty to file an application for revival of the appeal if any aspect of the matter survived.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA-370-2010 (O&M) Date of decision:- 21.09.2016 The Commissioner of Income Tax, Patiala ...Appellant Versus Maharaja Amarinder Singh ...Respondent CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, CHIEF JUSTICE HON’BLE MR. JUSTICE DEEPAK SIBAL Present:- Mr. Zora Singh Klar, Advocate, for the appellant. Mr. Akshay Bhan, Senior Advocate, with Mr. Alok Mittal, Advocate, and Mr. Amandeep Singh Talwar, Advocate, for the respondent. * * * * S.J. VAZIFDAR, C.J. (ORAL) Learned counsel for the appellant-revenue states that since the tax effect involved is ` 1,47,957/- (approx.), he has instructions to withdraw the present appeal in view of the circular No. 21/2015 dated 10.12.2015 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. (S.J. VAZIFDAR) CHIEF JUSTICE (DEEPAK SIBAL) JUDGE 21.09.2016 Amodh Whether speaking/reasoned Yes/No Whether reportable Yes/No Amodh Sharma 2016.09.21 15:35 I attest to the accuracy and authenticity of this document chandigarh

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