PR. COMMISSIONER OF INCOME TAX GURGAON vs. M/S OLYMPUS MEDICAL SYSTEMS INDIA PVT. LTD.
What did the High Court hold?
The High Court noted that the Revenue's counsel had instructions to withdraw the appeal. This instruction was based on a circular issued by the Department of Revenue, Ministry of Finance, which stipulated that appeals with a tax effect below Rs. 2 crores should be withdrawn. Consequently, the High Court found no impediment to allowing the withdrawal. The appeal was dismissed as withdrawn. The operative direction was the dismissal of the appeal. No specific issue was left undecided, as the appeal itself was withdrawn before any substantive decision on its merits.
What were the facts?
The Principal Commissioner of Income Tax, Gurgaon (the Revenue) filed an appeal under Section 260A of the Income Tax Act, 1961, against an order dated 27.03.2019 passed by the Income Tax Appellate Tribunal, Delhi Bench 1-2, in ITA No. 7414/Del/2018. The appeal was filed against Olympus Medical Systems India Pvt. Ltd. (the Assessee). The Revenue's counsel submitted that he had instructions to withdraw the appeal as the tax effect was below Rs. 2 crores, citing a circular from the Department of Revenue, Ministry of Finance. The appeal was accordingly dismissed as withdrawn.
What were the issues?
1. Whether the appeal filed by the Revenue is maintainable given the tax effect below Rs. 2 crores, as per the circular of the Department of Revenue. Assessee's Contentions: The judgment does not record any specific contentions from the Assessee. The Assessee is the respondent in the appeal filed by the Revenue. Revenue's Contentions: The Revenue, through its counsel, submitted that it had instructions to withdraw the appeal. This instruction was based on a circular from the Department of Revenue, Ministry of Finance, stating that appeals with a tax effect below Rs. 2 crores should be withdrawn. The Revenue therefore sought to withdraw the present appeal.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN T The PR. Com Olympus M Tower-C, SA
CORAM:
Present:
LISA GILL
Income Tax Income Tax No.7414/De 2. No.9 of 202 of Finance, withdraw th 3. 4.
January 10 manju Whether speakin Whether Reporta THE HIGH COURT OF PUNJA CHANDIGAR mmissioner of Income Tax, Gur Versus
Medical Systems India Pvt. Ltd., G AS Tower, The Medicity Compl HON’BLE MRS. JUSTICE LIS HON’BLE MR. JUSTICE ALO
**** Mr. Varun Issar, Sr. Standing c for the appellant/Income Tax D
**** L, J. (Oral) Present appeal has been file x Act, 1961 against order da x Appellate Tribunal, Delhi B el/2018. Learned counsel for the appel 24 dated 17.09.2024 issued by D , Government of India submi he same as the tax effect is below Appeal is, accordingly, dismiss Pending application(s), if any, s
0, 2025. ng/reasoned:- Yes/No able:-
Yes/No AB AND HARYANA AT RH ITA No. 470 of 2019 (O&M) Date of Decision:-10.01.2025 rgaon ……Appellant Ground Floor, lex, Sector-38, Gurgaon. ……Respondent SA GILL OK JAIN counsel Department.
d under Section 260A of the ated 27.03.2019 passed by the Bench 1-2, New Delhi in ITA llant while referring to circular Department of Revenue, Ministry ts that he has instructions to w Rs.2 crores. sed as withdrawn. stand disposed of as well.
(LISA GILL)
JUDGE
(ALOK JAIN)
JUDGE
) 5 t t e e A r y o Manju 2025.01.14 10:57 I attest to the accuracy and integrity of this document
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