CIT CHANIGARH vs. M/S PANCHSHIKHA TOURIST RESORT LTD.MANIMAJRA

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ITA/53/2009HC Punjab & HaryanaPHHC01084647200905 December 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE VIVEK PURI1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn. The Court granted the liberty sought by the revenue to file an application for revival of the appeal, should circumstances arise where it is deemed necessary. The reasoning for this decision was solely based on the revenue's submission regarding the low tax effect and the applicable CBDT circulars, which indicated a policy to withdraw appeals below a certain monetary threshold. The Court noted that since the main appeal was dismissed, any pending civil miscellaneous applications were also disposed of.

What were the facts?

This case involves an appeal filed by the Commissioner of Income Tax-1, Chandigarh (the revenue) against M/s Panchshikha Tourist Resorts Ltd. (the assessee). 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 revenue's decision to withdraw the appeal.

What were the issues?

The Tribunal did not have to decide any substantive issues. The sole point before the Court was the revenue's request to withdraw the appeal. The revenue's contention was based on 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, which prescribe monetary limits for filing appeals. The revenue argued that the tax effect involved in the present appeal was below these prescribed limits. The revenue sought liberty to revive the appeal if circumstances warranted it. No arguments were recorded for the assessee.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.53 of 2009 (O&M) Date of decision : 05.12.2019 The Commissioner of Income tax-1, Chandigarh ...... Appellant versus M/s Panchshikha Tourist Resorts Ltd., Manimajra ...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MR.JUSTICE VIVEK PURI *** Present : Mr. Yogesh Putney, Advocate for the appellant. Mr. S.K.Mukhi, 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 ( VIVEK PURI ) JUDGE 05.12.2019 pooja sharma-I Whether speaking/reasoned Yes/No Whether Reportable : Yes/No POOJA SHARMA 2019.12.06 16:19 I attest to the accuracy and integrity of this document

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