COMMISSIONER OF INCOME TAX vs. M/S MAHAVIR SPINNING MILLS LTD

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ITA/38/2004HC Punjab & HaryanaPHHC01051537200423 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 allowed the revenue's request to withdraw the appeal. The court noted that the tax effect involved was less than the monetary limit prescribed by CBDT Circulars No. 3 of 2018 and 17 of 2019, read with Letter No. F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019. Consequently, the appeal was dismissed as withdrawn. The court also granted liberty to the appellant-revenue to file an application for revival of the appeal if circumstances warranted it. Any pending civil miscellaneous applications were also disposed of as a consequence of the main appeal being dismissed.

What were the facts?

This case involves an appeal filed by the Commissioner of Income Tax-1, Ludhiana (appellant-revenue) against M/s Mahavir Spinning Mills Ltd (respondent). The appeal pertains to Income Tax Appellate Tribunal (ITAT) proceedings, though 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 present appeal before the High Court of Punjab and Haryana. The amount in dispute is not explicitly stated, but the revenue cites a monetary limit for appeals.

What were the issues?

The primary issue is whether the appeal filed by the revenue should be withdrawn. The revenue's contention is based on Circular No. 3 of 2018, amended by Circular No. 17 of 2019, and a subsequent letter dated 20.08.2019, which prescribe monetary limits for filing appeals. The revenue argues that the tax effect involved in this case is below these prescribed limits. The judgment does not record any arguments from the respondent-assessee.

AI-generated summary — verify with the full judgment below

ITA No. 38 of 2004 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 523-2 ITA No. 38 of 2004 (O&M) Date of Decision : 23.10.2019 Commissioner of Income Tax-1, Ludhiana ... Appellant Versus M/s Mahavir Spinning Mills Ltd, Chandigarh Road, Ludhiana

....Respondent CORAM:HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present: Mr. Rajesh Katoch, Senior 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 2019.10.24 15:12 I attest to the accuracy and integrity of this document

ITA No. 38 of 2004 (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 ) 23.10.2019 JUDGE pooja saini Whether speaking/reasoned? Yes/No Whether reportable? Yes/No POOJA SAINI 2019.10.24 15:12 I attest to the accuracy and integrity of this document

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