PR. COMMISSIONER OF INCOME TAX PANCHKULA vs. M/S SAMAR ESTATE PVT LTD

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ITA/481/2015HC Punjab & HaryanaPHHC01110141201506 November 2019Bench: MR. JUSTICE AJAY TEWARI,MRS. JUSTICE ALKA SARIN1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn. The reasoning was based on the submission by the appellant-revenue that the tax effect involved was less than the monetary limit prescribed by CBDT Circular No.3 of 2018, as amended by Circular No.17 of 2019, and further clarified by Letter No.F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019. The revenue was granted liberty to file an application for revival of the appeal, should circumstances warrant it. The pending C.M. Application, if any, was also disposed of as a consequence of the main appeal being dismissed. No specific issue was decided on merits.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Panchkula (the appellant-revenue) against M/s. Samar Estate Pvt. Limited, Panchkula (the respondent). The assessment year(s) are not specified. The appeal challenges an order or action from an unspecified authority. The amount in dispute is not explicitly stated but is referred to in terms of tax effect. The procedural history is that the revenue sought to withdraw the appeal due to the tax effect being below the prescribed monetary limit as per CBDT Circulars.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn by the appellant-revenue, considering the tax effect is below the prescribed monetary limit as per CBDT Circulars No.3 of 2018 and No.17 of 2019, read with Letter No.F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019. Contentions: Assessee: No arguments recorded. Revenue: The learned counsel for the appellant-revenue stated that due to the tax effect being less than the monetary limit prescribed in the relevant CBDT circulars, they have instructions to withdraw the appeal. They prayed for liberty to file an application for revival of the appeal if something survives.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.481 of 2015 (O&M) Date of decision : 06.11.2019 Pr. Commissioner of Income Tax, Panchkula. ..... Appellant versus M/s. Samar Estate Pvt. Limited, Panchkula .....Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MRS.JUSTICE ALKA SARIN *** Present : Mr.Yogesh Putney, Advocate for the appellant. Mr. Aman Parti, Advocate and Mr. Munish Kapila, Advocate 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. 3. Since the main case has been dismissed, the pending C.M. Application, if any, also stands disposed of. (AJAY TEWARI) JUDGE ( ALKA SARIN ) JUDGE 06.11.2019 raman Whether speaking/reasoned Yes/No Whether Reportable : Yes/No RAMAN KUMAR 2019.11.08 09:51 I attest to the accuracy and integrity of this document

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