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

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ITA/472/2015HC Punjab & HaryanaPHHC01110131201503 October 2018Bench: MR. JUSTICE SURYA KANT,MR. JUSTICE SUDIP AHLUWALIA1 pages

AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal as not pressed. The reasoning was based on the Revenue's submission that the tax effect of ₹34,08,125/- was below the monetary limit of ₹50 lacs as per CBDT Circular No. 3/2018. Consequently, the Revenue chose not to pursue the appeal on its merits. The Court granted liberty to the Revenue to seek revival of the appeal if circumstances changed. The question of law was expressly kept open. No specific relief was granted to the assessee on merits, nor was any deletion or remand ordered.

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 specific assessment year(s) and the order or action under challenge are not explicitly detailed in the provided text. The amount in dispute, referred to as the tax effect, is stated to be ₹34,08,125/-. The procedural history involves the Revenue's decision not to press the appeal on merits.

What were the issues?

The Tribunal was not required to decide any substantive issues on merits. The primary point before the Tribunal was whether the appeal should be dismissed based on the tax effect and a relevant CBDT Circular. The Revenue's contention was that the tax effect of ₹34,08,125/- was less than the threshold of ₹50 lacs stipulated in CBDT Circular No. 3/2018 dated 11.07.2018, and therefore, they did not wish to press the appeal on merits. The Assessee's arguments are not recorded as the Revenue conceded the point.

AI-generated summary — verify with the full judgment below

HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** ITA-472-2015 (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 `34,08,125/- 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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