PR. COMMISSIONER OF INCOME TAX HISSAR vs. M/S MARVEL CHEMICALS INDIA LTD

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ITA/455/2015HC Punjab & HaryanaPHHC01110112201503 October 2018Bench: MR. JUSTICE SURYA KANT,MR. JUSTICE SUDIP AHLUWALIA1 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court held that in view of CBDT Circular No. 3/2018, the appeal is dismissed as not pressed. The Revenue's counsel explicitly stated that they did not want to press the appeal on merits due to the tax effect being below the threshold mentioned in the circular. The Court granted liberty to the Revenue to seek revival of the appeal if circumstances change. The question of law was also kept open. The operative direction was the dismissal of the appeal as not pressed.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Hissar (Revenue) against M/s Marvel Chemicals (India) Ltd., Hissar (Assessee). The assessment year(s) are not specified in the judgment. The appeal challenges an order or action of an unspecified authority, with the amount in dispute being Rs. 23,31,875/-. The procedural history leading to this High Court appeal is not detailed. The Revenue, through its counsel, stated that the tax effect was below the threshold stipulated in a recent CBDT Circular.

What were the issues?

1. Whether the appeal should be dismissed as not pressed, given the tax effect and the CBDT Circular No. 3/2018 dated 11.07.2018? (Question of law) The Revenue argued that the tax effect involved in the case is Rs. 23,31,875/-. In light of CBDT Circular No. 3/2018, which specifies a monetary limit for filing appeals, and the tax effect being less than Rs. 50 lacs, the Revenue stated it did not wish to press the appeal on merits. The Assessee's arguments are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** ITA-455-2015 (O&M) Date of Decision: 03.10.2018 **** Pr. Commissioner of Income Tax, Hissar

...Appellant

VS.

M/s Marvel Chemicals (India) Ltd., Hissar ... Respondent **** Coram : Hon’ble Mr.Justice Surya Kant

Hon’ble Mr.Justice Sudip Ahluwalia **** Present: Mr. Yogesh Putney, Advocate for the appellant

Mr. Akshay Bhan, Senior Advocate with Mr. Alok Mittal, Advocate for the respondent **** SURYA KANT J. (Oral)

(1) Learned counsel for Revenue states that the tax effect involved in this case is `23,31,875/- 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

03.10.2018 vishal shonkar (Sudip Ahluwalia) Judge

Whether speaking/reasoned?

Yes/No 2. Whether reportable?

Yes/No V VISHAL 2018.10.06 12:52 I attest to the accuracy and integrity of this document

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