THE PR. COMMISSIONER OF INCOME TAX ROHTAK vs. VEEKAY MEDICOS 988-A/4 MAL GODAM ROAD ROHTAK

PDF · subscribers
ITA/465/2017HC Punjab & HaryanaPHHC01117685201726 July 2018Bench: MR. JUSTICE AJAY KUMAR MITTAL,MR. JUSTICE AVNEESH JHINGAN1 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The High Court dismissed the appeal as withdrawn, granting the revenue the liberty to file an application for revival of the appeal if something survived therein. The Court clarified that the withdrawal of the appeal by the revenue would not be construed as an affirmation of the ITAT's order on merits. Furthermore, the legal issue, as claimed by the revenue, was left open to be adjudicated in an appropriate case. The applications filed were also dismissed as withdrawn.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Rohtak (the revenue) against Veekay Medicos, Rohtak (the assessee). The appeal challenged an order passed by the Income Tax Appellate Tribunal (ITAT). The tax effect involved in the appeal was ₹36,49,593. The revenue's counsel stated that they had instructions to withdraw the appeal in accordance with CBDT Circular No. 03/2018 dated 11th July, 2018, which deals with monetary limits for filing appeals. The revenue also sought liberty to revive the appeal if any aspect survived.

What were the issues?

1. Whether the revenue is permitted to withdraw the appeal in light of CBDT Circular No. 03/2018, and if so, with what liberty? The revenue argued that the tax effect of ₹36,49,593 falls within the revised monetary limits for filing appeals, and therefore, they have instructions to withdraw the present appeal as per the aforementioned circular. They further prayed for liberty to revive the appeal if any aspect of the matter survived. The assessee's contentions are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA-465-2017 (O&M) Date of Decision: 26.7.2018 The Principal Commissioner of Income Tax, Rohtak ...Appellant. Versus Veekay Medicos, Rohtak ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. HON'BLE MR. JUSTICE AVNEESH JHINGAN. PRESENT: Ms. Urvashi Dhugga, Advocate for Mr. Inderpreet Singh, 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 ` 36,49,593/-, 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. 3. The applications are also dismissed as withdrawn. (AJAY KUMAR MITTAL) JUDGE July 26, 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

Recent GST High Court judgments

Search GST case law →