THE PR. COMMISSIONER OF INCOME TAX-3 LUDHIANA vs. M/S TRIDENT ALCO-CHEM LTD LUDHIANA

PDF · subscribers
ITA/412/2016HC Punjab & HaryanaPHHC01110625201626 September 2018Bench: MR. JUSTICE SURYA KANT,MR. JUSTICE SUDIP AHLUWALIA1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court of Punjab & Haryana at Chandigarh dismissed the appeal as not pressed. The Revenue's counsel informed the Court that the tax effect was ₹36,11,260/-, which is below the threshold of ₹50 lacs stipulated in CBDT Circular No. 3/2018. Consequently, the Revenue did not want to press the appeal on merits. The Court accepted this submission and dismissed the appeal. Liberty was granted to the Revenue to seek revival of the appeal if circumstances changed, and the question of law was kept open.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax-3, Ludhiana (Revenue) against M/s Trident Alco-Chem Ltd., Ludhiana (Assessee). The assessment year(s) are not explicitly stated in the judgment. The appeal challenges an order passed by the Income Tax Appellate Tribunal (ITAT). The tax effect involved in the case is stated to be ₹36,11,260/-. The appeal was listed for hearing before the High Court of Punjab & Haryana at Chandigarh.

What were the issues?

1. Whether the appeal should be dismissed as not pressed in light of the tax effect and CBDT Circular No. 3/2018? (Question of law) Assessee's Contention: The judgment does not record any specific contentions from the assessee. The appeal was dismissed based on the Revenue's submission. Revenue's Contention: The Revenue, through its learned counsel, stated that the tax effect involved is ₹36,11,260/-. In view of CBDT Circular No. 3/2018, which sets a monetary limit of ₹50 lacs for filing appeals, the Revenue did not wish to press the appeal on merits.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** ITA No.412 of 2016 Date of Decision: 26.09.2018 **** The Pre. Commissioner of Income Tax-3, Ludhiana ..... Appellant Versus M/s Trident Alco-Chem Ltd., Ludhiana

..... Respondent CORAM: HONBLE MR. JUSTICE SURYA KANT HONBLE MR. JUSTICE SUDIP AHLUWALIA Present: Mr. Rajesh Sethi, Senior Standing Counsel with Mr. Arun Biriwal, Advocate and Ms. Pridhi Jaswinder Sandhu, Advocate, for the appellant. Mr. Manpreet Singh Kanda, Advocate, for the respondent. SURYA KANT J. (ORAL) (1) Learned counsel for Revenue states that the tax effect involved in this case is `36,11,260/- and in view of the recent Circular No.3/2018 dated 11.07.2018 issued by the Ministry of Finance, Department of Revenue, Central Board Direct Taxes, the tax effect being less than `50 lacs, he does not want to press this appeal on merits. (2) In view of the CBDT Circular, the instant appeal is dismissed as not pressed. As prayed for by learned counsel for the appellant, liberty is granted to the Revenue to seek revival of the appeal, if need be, in the changed circumstances. The question of law is also kept open.

(SURYA KANT)

JUDGE 26.09.2018

(SUDIP AHLUWALIA) Bhumika JUDGE 1. Whether speaking/reasoned: Yes 2. Whether reportable: No Bhumika Bhati 2018.09.28 13:57 I attest to the accuracy and integrity of this document

Recent GST High Court judgments

Search GST case law →