THE PR . COMMISSIONER OF INCOME-TAX, PATIALA. vs. M/S KRISHNA COTTON & GINNING MILLS GHUNAS ROAD TAPA DISTT, BARNALA

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ITA/41/2018HC Punjab & HaryanaPHHC01119277201830 July 2018Bench: MR. JUSTICE R.C. KATHURIA (RETD.),MS. JUSTICE RITU BAHRI1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn, granting the revenue the liberty to file an application for revival of the appeal as prayed for. The Court clarified that the withdrawal of the appeal by the revenue would not be considered an affirmation of the Tribunal's order on merits. Furthermore, the legal issue claimed by the revenue was expressly left open to be adjudicated in an appropriate case. The operative direction was the dismissal of the appeal as withdrawn with liberty granted.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Patiala (the revenue) against M/s Krishna Cotton & Ginning Mills, Tapa, Bathinda (the assessee). The appeal pertains to the assessment year(s) not specified in the judgment. The order or action under challenge is the order passed by the Income Tax Appellate Tribunal (ITAT). The amount in dispute is ₹ 20,29,800/-. The procedural history is that the revenue, through its learned counsel, stated that it had instructions to withdraw the appeal due to the tax effect involved, in view of CBDT Circular No. 03/2018 dated 11th July, 2018.

What were the issues?

1. Whether the revenue should be permitted to withdraw the appeal, and if so, whether liberty should be granted to revive it later. The revenue argued that due to the tax effect of ₹ 20,29,800/-, it had instructions to withdraw the appeal in accordance with CBDT Circular No. 03/2018. The revenue also prayed for liberty to file an application for revival of the appeal if something survives therein. The judgment does not record any arguments from the assessee.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA-41-2018 (O&M) Date of Decision: 30.7.2018 The Principal Commissioner of Income Tax, Patiala ...Appellant. Versus M/s Krishna Cotton & Ginning Mills, Tapa, Bathinda ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. HON'BLE MR. JUSTICE AVNEESH JHINGAN. PRESENT: Mr. Z.S. Klar, Sr. Standing Counsel for the appellant. AJAY KUMAR MITTAL, J. 1. Learned counsel for the appellant-revenue states that since the tax effect involved is ` 20,29,800/-, he has instructions to withdraw the present appeal in view of Circular No.03/2018, dated 11th July, 2018, issued by the Central Board of Direct Taxes, New Delhi. However, he has 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 30, 2018 (AVNEESH JHINGAN) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Gurbachan Singh 2018.08.01 12:51 I attest to the accuracy and integrity of this document

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