THE COMMISSIONER OF INCOME TAX CENTRAL LUDHIANA vs. M/S THE CITIZEN URBAN CO-OP BANK LTD 506-M MODEL TOWN ROAD JALANDHAR

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ITA/433/2017HC Punjab & HaryanaPHHC01117650201705 September 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Punjab and Haryana at Chandigarh dismissed the appeal as withdrawn. The revenue's counsel, citing the tax effect being below the prescribed monetary limits as per CBDT Circulars No.3 of 2018 and 17 of 2019, sought to withdraw the appeal. The court granted liberty to the appellant-revenue to file an application for revival of the appeal if circumstances warranted it. Since the main appeal was dismissed as withdrawn, any pending civil miscellaneous applications were also disposed of.

What were the facts?

The appellant, the Principal Commissioner of Income Tax (Central), Ludhiana, filed an appeal before the High Court of Punjab and Haryana at Chandigarh against an order concerning assessment year(s) not specified. The respondent is M/s The Citizen Urban Co-op. Bank Ltd., Jalandhar. The appeal was filed under ITA No.433 of 2017 (O&M). The procedural history leading to this appeal is not detailed in the provided text. The case was listed for decision on 05.09.2019.

What were the issues?

1. Whether the appeal filed by the revenue is maintainable, considering the tax effect involved and the monetary limits prescribed by CBDT circulars? (Question of law) Contentions: Assessee: No arguments recorded for the assessee as they were not represented. Revenue: 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 instructions, the revenue sought to withdraw the appeal.

AI-generated summary — verify with the full judgment below

ITA No.433 of 2017 (O&M) 1 352 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.433 of 2017 (O&M) Date of decision : 05.09.2019 The Pr. Commissioner of Income Tax (Central), Ludhiana ...... Appellant versus M/s The Citizen Urban Co-op. Bank Ltd., 506-M, Model Town Road, Jalandhar ...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MR.JUSTICE HARNARESH SINGH GILL *** Present : Mr. Rajesh Katoch, Senior Standing Counsel and Ms. Pridhi Jaswinder Sandhu, 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. POOJA SHARMA 2019.09.10 17:05 I am the author of this document

ITA No.433 of 2017 (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) JUDGE 05.09.2019 pooja sharma-I Whether speaking/reasoned Yes/No Whether Reportable : Yes/No POOJA SHARMA 2019.09.10 17:05 I am the author of this document

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