COMMISSIONER OF INCOME TAX vs. M/S BANSAL GENERATIONS LTD

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ITA/41/2015HC Punjab & HaryanaPHHC01110062201506 September 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn. The dismissal was granted with the liberty as prayed for by the appellant-revenue, allowing them to file an application for revival of the appeal if something survives therein. The Court noted that the main case had been dismissed, and consequently, any pending C.M. (Civil Miscellaneous application) also stood disposed of. The reasoning for the dismissal was solely based on the revenue's submission regarding the low tax effect and their instruction to withdraw the appeal, in line with the CBDT circulars. No decision on the merits of the original dispute was made.

What were the facts?

The appeal was filed by the Commissioner of Income Tax-II, Chandigarh (appellant-revenue) against M/s. Bansal Generations Ltd. (respondent). The appeal was filed before the High Court of Punjab and Haryana at Chandigarh. The specific assessment year(s) are not mentioned in the provided text. The appeal challenges an order or action that is not detailed. The procedural history is that the revenue's counsel stated that due to the tax effect being below the monetary limit prescribed by CBDT Circulars, they had instructions to withdraw the appeal. The revenue also sought liberty to revive the appeal if circumstances changed.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn by the appellant-revenue. The appellant-revenue argued that the tax effect involved in the appeal is less than the monetary limit prescribed by CBDT Circular No.3 of 2018 dated 11.07.2018, as amended by 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. Based on these circulars, the revenue sought to withdraw the appeal. The revenue also requested liberty to file an application for revival of the appeal if circumstances warranted it. The respondent did not present any arguments as none appeared for them.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1126

ITA No.41 of 2015 (O&M) Date of decision : 06.09.2019 The Commissioner of Income Tax-II, Chandigarh ...... Appellant versus M/s. Bansal Generations Ltd. ...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MR.JUSTICE HARNARESH SINGH GILL Present : Mr. Vivek Sethi, Senior Standing counsel with Mr. Varun Issar, Junior Standing counsel for the appellant. None for the respondent. 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. 3. Since the main case has been dismissed, the pending C.M., if any, also stands disposed of. (AJAY TEWARI) JUDGE (HARNARESH SINGH GILL) JUDGE 06.09.2019 anuradha Whether speaking/reasoned Yes/No Whether Reportable : Yes/No Anuradha 2019.09.11 15:35 I attest to the accuracy and integrity of this document

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