PR.COMMISSIONER OF INCOME TAX -2 CHANDIGARH vs. M/S ARIHANT FOAM PVT LTD PLOT NO.1422,SEC 34-C, CHD

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ITA/496/2017HC Punjab & HaryanaPHHC01117717201702 August 2018Bench: MR. JUSTICE SURINDER GUPTA,LOK ADALAT BENCH - 31 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn, granting the revenue the liberty to file an application for revival of the appeal as prayed for. The Court clarified that the withdrawal of the appeal by the revenue would not be construed as an affirmation of the ITAT's order on its merits. Furthermore, the legal issue that the revenue claimed was left open to be adjudicated in an appropriate future case. The judgment does not record any specific findings on the merits of the case or the ITAT's order, as the appeal was disposed of on a procedural ground based on the revenue's instructions.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax-2, Chandigarh (the revenue) against M/s Arihant Foam Pvt. Ltd., Chandigarh (the assessee). The appeal was filed against an order of the Income Tax Appellate Tribunal (ITAT). The tax effect involved in the appeal was ₹28.71 lakhs. The revenue sought to withdraw the appeal in view of Circular No. 03/2018 dated 11th July, 2018, issued by the Central Board of Direct Taxes (CBDT). The revenue also prayed for liberty to file an application for revival of the appeal if something survived therein.

What were the issues?

1. Whether the appeal filed by the revenue should be dismissed as withdrawn in light of CBDT Circular No. 03/2018. Assessee's Contentions: Not recorded in the judgment. Revenue's Contentions: The revenue, through its learned counsel, stated that due to the tax effect being ₹28.71 lakhs, it had instructions to withdraw the present appeal and related applications in accordance with CBDT Circular No. 03/2018. The revenue further prayed for liberty to file an application for revival of the appeal if any aspect of the case warranted it.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA-496-2017 (O&M) Date of Decision: 2.8.2018 Principal Commissioner of Income Tax-2, Chandigarh ...Appellant. Versus M/s Arihant Foam Pvt. Ltd., Chandigarh ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. HON'BLE MR. JUSTICE AVNEESH JHINGAN. PRESENT: Ms. Urvashi Dhugga, Sr. Standing Counsel for the appellant. AJAY KUMAR MITTAL, J. 1. Learned counsel for the appellant-revenue states that since the tax effect involved is ` 28.71 lakhs, she has instructions to withdraw the present appeal as well as the applications in view of Circular No.03/2018, dated 11th July, 2018, issued by the Central Board of Direct Taxes, New Delhi. However, she has prayed that liberty be granted to the revenue to file an application for revival of the appeal in case something survives therein. 2. Dismissed as withdrawn with liberty as prayed for. It is, however, clarified that withdrawal of the appeal by the revenue shall not be taken to be affirmation of order of the Tribunal on merits. Further, the legal issue as claimed by the revenue is being left open to be adjudicated in an appropriate case. (AJAY KUMAR MITTAL) JUDGE August 2, 2018 (AVNEESH JHINGAN) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Gurbachan Singh 2018.08.03 14:17 I attest to the accuracy and integrity of this document

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