PR. COMMISSIONER OF INCOME TAX-I LUDHIANA vs. M/S VARDHMAN POLYTEX LIMITED, CHANDIGARH ROAD, LUDHIANA

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ITA/375/2017HC Punjab & HaryanaPHHC01117586201701 October 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Punjab and Haryana at Chandigarh dismissed the appeal as withdrawn. The Court granted the liberty prayed for by the appellant-revenue to file an application for revival of the appeal, should something survive therein. This decision was based on the Revenue's submission that the tax effect was below the prescribed monetary limits for filing appeals, as per CBDT circulars. The Court also noted that since the main case was dismissed, any pending C.M. application, if any, also stood disposed of. The principle here is that appeals can be withdrawn based on monetary limits set by administrative instructions, with potential for revival under specific conditions.

What were the facts?

The appellant, Principal Commissioner of Income Tax-I, Ludhiana (Revenue), filed an appeal against an order concerning M/s Vardhman Polytex Ltd. (Assessee). The appeal was filed before the High Court of Punjab and Haryana at Chandigarh. The specific assessment year(s) and the order or action under challenge are not detailed in the provided text. The procedural history is limited to the filing of this appeal by the Revenue.

What were the issues?

1. Whether the appeal filed by the Revenue should be withdrawn based on the tax effect being below the prescribed monetary limit? The Revenue, through its counsel, stated that the tax effect involved in the appeal is less than the monetary limit prescribed in Circular No. 3 of 2018, as amended by Circular No. 17 of 2019 and Letter No. F.No.279/Misc/M-93/2018-ITJ. Consequently, the Revenue had instructions to withdraw the present appeal. The Revenue prayed for liberty to file an application for revival of the appeal if circumstances changed. The Assessee's contentions are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

ITA No. 375 of 2017 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 231 ITA No. 375 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. 375 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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