THE PR. COMMISSIONER OF INCOME TAX, FARIDABAD vs. M/S INDIAN ARMOUR SYSTEMS PVT. LTD.

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ITA/475/2018HC Punjab & HaryanaPHHC01119348201823 September 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court allowed the application for condonation of delay of 3 days. Subsequently, the revenue's counsel stated they had instructions to withdraw the appeal due to the tax effect being below the monetary limit prescribed by CBDT Circulars. The Court then dismissed the appeal as withdrawn. Liberty was granted to the appellant-revenue to file an application for revival of the appeal in case something survives therein. The pending civil miscellaneous application, if any, was also disposed of as the main case was dismissed.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Faridabad (the revenue) against an order of the Income Tax Appellate Tribunal (ITAT). The respondent was M/s Indian Armour Systems Pvt. Ltd. (the assessee). The revenue sought to condone a delay of 3 days in filing the appeal. The tax effect involved in the appeal was stated to be below the monetary limit prescribed by CBDT Circular No. 3 of 2018, as amended by Circular No. 17 of 2019 and a subsequent letter. The revenue's counsel stated they had instructions to withdraw the appeal on this basis.

What were the issues?

1. Whether the appeal filed by the revenue should be dismissed as withdrawn, considering the tax effect is below the prescribed monetary limit for filing appeals as per CBDT Circulars. The revenue argued that due to the low tax effect, as per the prevailing CBDT Circulars (Circular No. 3 of 2018 and Circular No. 17 of 2019, read with Letter No. F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019), they had instructions to withdraw the present appeal. The revenue also prayed for liberty to revive the appeal if circumstances changed. The judgment does not record any arguments from the assessee's side regarding the withdrawal.

AI-generated summary — verify with the full judgment below

ITA No. 475 of 2018 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 110-A ITA No. 475 of 2018 (O&M) Date of Decision : 23.09.2019 Principal Commissioner of Income Tax, Faridabad ... Appellant Versus M/s Indian Armour Systems Pvt. Ltd.

....Respondent CORAM:HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present: Mr. Tajender K. Joshi, Senior Standing Counsel for the appellant. AJAY TEWARI, J.(ORAL) CM-25767-CII-2018 1. This is an application for condonation of delay of 3 days in filing the present appeal. Heard. In view of the reasons mentioned in the application, same is allowed. 2. Delay of 3 days in filing the appeal is condoned. ITA No. 475 of 2018 3. 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 POOJA SAINI 2019.09.25 14:34 I attest to the accuracy and integrity of this document

ITA No. 475 of 2018 (O&M) 2 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. 4. Dismissed as withdrawn with liberty as prayed for. 5. Since the main case has been dismissed, the pending C.M. application, if any, also stands disposed of. ( AJAY TEWARI ) JUDGE ( HARNARESH SINGH GILL ) 23.09.2019 JUDGE pooja saini Whether speaking/reasoned? Yes/No Whether reportable? Yes/No POOJA SAINI 2019.09.25 14:34 I attest to the accuracy and integrity of this document

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