PR. COMMISSIONER OF INCOME TAX-I LUDHIANA vs. MS/VARDHMAN POLYTEX LTD 341/K-1 MUNDIAN KHURD P.O SAHABANA CHD ROAD LUDHIANA

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ITA/374/2017HC Punjab & HaryanaPHHC01117585201701 October 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn. The court granted the liberty sought by the revenue to file an application for revival of the appeal, should something survive therein. The court also noted that since the main case was dismissed, any pending C.M. application, if any, also stood disposed of. The reasoning for the dismissal was solely based on the revenue's instruction to withdraw due to the low tax effect, as per the CBDT circulars. No substantive legal principles were decided or applied to the merits of the original dispute.

What were the facts?

This case involves an appeal filed by the Principal Commissioner of Income Tax-I, Ludhiana (the revenue) against M/s Vardhman Polytex Ltd. (the assessee). The appeal was filed before the High Court of Punjab and Haryana at Chandigarh. The specific assessment year(s) are not explicitly stated in the provided text. The appeal challenges an order or action, the details of which are not specified. The procedural history is limited to the revenue's decision to withdraw the appeal.

What were the issues?

The High Court was not required to decide any substantive issues of law or fact. The sole matter before the court was the revenue's request to withdraw the appeal. The revenue's counsel stated that the tax effect involved was below the monetary limit prescribed by CBDT Circular No. 3 of 2018, as amended by Circular No. 17 of 2019 and Letter No. F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019. Therefore, the revenue had instructions to withdraw the appeal. The revenue also sought liberty to revive the appeal if circumstances warranted. No arguments were recorded for the assessee.

AI-generated summary — verify with the full judgment below

ITA No. 374 of 2017 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 231 ITA No. 374 of 2017 (O&M) Date of Decision : 01.10.2019 Pr. Commissioner of Income Tax-I, Ludhiana ... Appellant Versus M/s Vardhman Polytex Ltd.

....Respondent CORAM:HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present: Mr Rajesh Katoch, Senior Standing Counsel with Ms. Pridhi Jaswinder Sandhu, Jr. Standing Counsel for the appellant. AJAY TEWARI, J.(ORAL) 1. Learned counsel for the appellant-revenue states that since the tax effect involved is less than the monetary limit as prescribed in Circular No.3 of 2018 dated 11.07.2018 issued by the Central Board of Direct Taxes, further amended vide Circular No.17 of 2019 dated 08.08.2019 read with Letter No.F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019, he has instructions to withdraw the present appeal. However, he prayed that liberty be granted to the appellant-revenue to file an application for revival of the appeal, in case something survives therein. 2. Dismissed as withdrawn with liberty as prayed for. POOJA SAINI 2019.10.04 13:57 I attest to the accuracy and integrity of this document

ITA No. 374 of 2017 (O&M) 2 3. Since the main case has been dismissed, the pending C.M. application, if any, also stands disposed of. ( AJAY TEWARI ) JUDGE ( HARNARESH SINGH GILL ) 01.10.2019 JUDGE pooja saini Whether speaking/reasoned? Yes/No Whether reportable? Yes/No POOJA SAINI 2019.10.04 13:57 I attest to the accuracy and integrity of this document

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