THE COMMISSIONER OF IT vs. M/S PB IRON & STEEL CO PVT LTD

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ITA/481/2005HC Punjab & HaryanaPHHC01078610200518 September 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Punjab and Haryana at Chandigarh dismissed the appeal as withdrawn. The court granted the liberty as prayed for by the appellant-revenue to file an application for revival of the appeal, in case something survives therein. The court also noted that since the main case has been dismissed, any pending C.M. application, if any, also stands disposed of. The reasoning for the dismissal is solely based on the revenue's instruction to withdraw due to the tax effect being below the prescribed monetary limits in the relevant CBDT circulars. No decision on the merits of the case was made.

What were the facts?

This is an appeal filed by the Commissioner of Income Tax, Jalandhar-II, Jalandhar (the appellant-revenue) against M/s Punjab Iron and Steel Co. Pvt. Ltd. (the respondent). The appeal was filed before the High Court of Punjab and Haryana at Chandigarh. The specific assessment year(s) and the order or action under challenge are not detailed in the provided text. The procedural history is limited to the present appeal being filed and subsequently withdrawn by the revenue.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn by the appellant-revenue in light of the monetary limits prescribed by CBDT Circulars? Assessee's Contention: Not recorded. Revenue's Contention: The learned counsel for the appellant-revenue stated that the tax effect involved in the appeal is less than the monetary limit prescribed in Circular No. 3 of 2018 dated 11.07.2018, as amended by Circular No. 17 of 2019 dated 08.08.2019, read with Letter No. F.No. 279/Misc/M-93/2018-ITJ dated 20.08.2019. Consequently, he had instructions to withdraw the present appeal. The revenue also prayed for liberty to file an application for revival of the appeal if something survives therein.

AI-generated summary — verify with the full judgment below

ITA No. 481 of 2005 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 662-2 ITA No. 481 of 2005 (O&M) Date of Decision : 18.09.2019 The Commissioner of Income Tax, Jalandhar-II, Jalandhar ... Appellant Versus M/s Punjab Iron and Steel Co. Pvt. Ltd.

....Respondent CORAM:HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present: Mr. Vivek Sethi, Senior Standing Counsel for the appellant. with Mr. Varun Issar, Advocate None for the respondent. AJAY TEWARI, J.(ORAL) 1. 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 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. 2. Dismissed as withdrawn with liberty as prayed for. POOJA SAINI 2019.09.20 16:11 I attest to the accuracy and integrity of this document

ITA No. 481 of 2005 (O&M) 2 3. Since the main case has been dismissed, the pending C.M. application, if any, also stands disposed of. ( AJAY TEWARI ) JUDGE ( HARNARESH SINGH GILL ) 18.09.2019 JUDGE pooja saini Whether speaking/reasoned? Yes/No Whether reportable? Yes/No POOJA SAINI 2019.09.20 16:11 I attest to the accuracy and integrity of this document

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