THE PR. COMMISSIONER OF INCOME TAX, FARIDABAD vs. M/S TIRUPATI INFRABUILD PVT. LTD.

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ITA/43/2019HC Punjab & HaryanaPHHC01148555201825 September 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court decided to dismiss the appeal as withdrawn. The reasoning provided is that the appellant-revenue, represented by its counsel, stated that the tax effect involved in the appeal was below the monetary limit stipulated in the relevant CBDT Circulars (Circular No. 3 of 2018, Circular No. 17 of 2019, and Letter No. F.No.279/Misc/M-93/2018-ITJ). Consequently, the revenue had instructions to withdraw the appeal. The court granted liberty to the appellant-revenue to file an application for revival of the appeal if something survives therein. The pending C.M. application, if any, was also disposed of as the main case was dismissed.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Faridabad (appellant-revenue) against M/s Tirupati Infrabuild Pvt. Ltd. (respondent-assessee). The assessment year(s) are not explicitly stated in the judgment. The appeal challenges an order passed by an authority below, the specifics of which are not detailed. The procedural history is limited to the filing of this appeal before the High Court. The revenue sought to withdraw the appeal based on the tax effect being below the monetary limit prescribed by CBDT Circulars.

What were the issues?

1. Whether the appeal can be withdrawn by the revenue on the grounds of tax effect being below the prescribed monetary limit, as per CBDT Circulars. Assessee's Contentions: The judgment does not record any specific contentions from the assessee. The assessee is the respondent and their arguments are not detailed. Revenue's Contentions: The learned counsel for the appellant-revenue stated that the tax effect involved is less than the monetary limit prescribed in 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 had instructions to withdraw the present appeal.

AI-generated summary — verify with the full judgment below

ITA No. 43 of 2019 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 111 ITA No. 43 of 2019 (O&M) Date of Decision : 25.09.2019 Principal Commissioner of Income Tax, Fridabad ... Appellant Versus M/s Tirupati Infrabuild Pvt. Ltd.

....Respondent CORAM:HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present: Mr. Ram Pal Khole, Advocate for Mr. T.K.Joshi, 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 2019.12.07 12:41 I attest to the accuracy and integrity of this document

ITA No. 43 of 2019 (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 ) 25.09.2019 JUDGE pooja saini Whether speaking/reasoned? Yes/No Whether reportable? Yes/No POOJA SAINI 2019.12.07 12:41 I attest to the accuracy and integrity of this document

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