PR COMMISSIONER OF INCOME TAX-2 CHANDIGARH vs. M/S PUNJAB HYDRO POWER PVT LTD

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ITA/388/2015HC Punjab & HaryanaPHHC01110037201519 July 2018Bench: MR. JUSTICE AJAY KUMAR MITTAL,MR. JUSTICE AVNEESH JHINGAN1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn. The court granted liberty to the revenue to file an application for revival of the appeal, as prayed for. It was clarified that the withdrawal of the appeal by the revenue would not be considered an affirmation of the ITAT's order on its merits. Furthermore, the court explicitly stated that the legal issue, as claimed by the revenue, was being left open to be adjudicated in an appropriate future case. No specific finding was made on the merits of the ITAT's order, and no operative directions were issued regarding the assessment itself.

What were the facts?

The Principal Commissioner of Income Tax-2, Chandigarh (appellant-revenue) filed an appeal before the High Court of Punjab and Haryana against an order of the Income Tax Appellate Tribunal (ITAT). The respondent in the appeal was M/s Punjab Hydro Power Pvt. Ltd. The appeal was filed for Assessment Year(s) not specified in the judgment. The amount in dispute was ₹ 31,90,260/-. The procedural history leading to this appeal is not detailed, other than that the revenue is challenging an ITAT order.

What were the issues?

1. Whether the appeal filed by the revenue should be withdrawn in view of CBDT Circular No. 03/2018 dated 11th July, 2018, concerning tax effect thresholds for filing appeals? (Question of law) The appellant-revenue, through its learned counsel, stated that due to the tax effect involved being ₹ 31,90,260/-, it had instructions to withdraw the present appeal in accordance with CBDT Circular No. 03/2018. The revenue prayed for liberty to file an application for revival of the appeal if something further survives therein. The respondent-assessee did not present any arguments as the appeal was withdrawn by the revenue.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 388 of 2015 Decided on : 19.07.2018 Pr. Commissioner of Income Tax-2, Chandigarh . . . Appellant(s) Versus M/s Punjab Hydro Power Pvt. Ltd. . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AVNEESH JHINGAN PRESENT: Ms. Urvashi Dhugga, Sr. Standing Counsel for the appellant(s). Mr. M.S. Kanda, Advocate for the respondent(s). **** AJAY KUMAR MITTAL, J. (Oral) Learned counsel for the appellant-revenue states that since the tax effect involved is ` 31,90,260/-, she 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, she 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 19, 2018 J.Ram (AVNEESH JHINGAN) JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No Jawala Ram 2018.07.23 16:28 I attest to the accuracy and authenticity of this document Chandigarh

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