THE PR. COMMISSIONER OF INCOME TAX, FARIDABAD vs. M/S VOITH PAPER FABRICS INDIA LTD.

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ITA/50/2019HC Punjab & HaryanaPHHC01148553201809 September 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL2 pages
AI SummaryWithdrawn

What did the High Court hold?

The Tribunal decided to dismiss the appeal as withdrawn. The reasoning was based on the explicit instructions from the learned counsel for the appellant-revenue, who stated that the tax effect involved was less than the monetary limit prescribed in 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 Tribunal granted the revenue liberty to file an application for revival of the appeal, should something survive therein. The operative direction was the dismissal of the appeal as withdrawn with liberty granted. No issue was expressly left undecided.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Faridabad (the revenue) against M/s Voith Paper Fabrics India Ltd. (the assessee). The assessment year(s) are not explicitly stated in the provided text. The appeal challenges an order or action from an unspecified authority. The amount in dispute is not stated. The procedural history is that the revenue's counsel, citing CBDT Circular No.3 of 2018 and Circular No.17 of 2019, sought to withdraw the appeal due to the tax effect being below the prescribed monetary limit. The revenue also requested liberty to revive the appeal if circumstances warranted.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn based on the revenue's instructions and the applicable CBDT circulars. This issue turns on the interpretation and application of 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. The revenue argued that the tax effect was below the monetary limit prescribed in these circulars, justifying withdrawal. The assessee did not present any arguments as none were recorded. The Tribunal had to decide whether to grant the withdrawal request.

AI-generated summary — verify with the full judgment below

ITA No.50 of 2019 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.50 of 2019 (O&M) Date of decision : 09.09.2019 Principal Commissioner of Income Tax, Faridabad ...... Appellant versus M/s Voith Paper Fabrics India Ltd. 113-114 A, Sector 24, Faridabad ...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MR.JUSTICE HARNARESH SINGH GILL *** Present : Mr. Tajender K.Joshi, Standing Counsel for the appellant. 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 SHARMA 2019.09.10 17:32 I am the author of this document

ITA No.50 of 2019 (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) JUDGE 09.09.2019 pooja sharma-I Whether speaking/reasoned Yes/No Whether Reportable : Yes/No POOJA SHARMA 2019.09.10 17:32 I am the author of this document

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