COMMISSIONOR OF INCOME TAX vs. M/S BANSAL GENERATIONS LTD

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ITA/53/2015HC Punjab & HaryanaPHHC01110153201506 September 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn.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, should something survive therein. The reasoning for the dismissal was solely based on the revenue's instruction to withdraw the appeal due to the low tax effect, as per the CBDT circulars. The court did not delve into the merits of the original dispute. Any pending civil miscellaneous applications were also disposed of as a consequence of the main appeal being dismissed.

What were the facts?

This case involves an appeal filed by the Commissioner of Income Tax-II, Chandigarh (the appellant-revenue) against M/s. Bansal Generations 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 explicitly detailed in the provided text. The procedural history indicates that the appeal was filed, and the current proceedings are before the High Court. The amount in dispute is not stated.

What were the issues?

The Tribunal did not have to decide any issues on merits. The sole point for consideration was whether the appeal should be withdrawn by the revenue. The revenue, through its learned counsel, stated that due to the tax effect being below the monetary limit prescribed in CBDT Circular No. 3 of 2018 and Circular No. 17 of 2019, they had instructions to withdraw the appeal. They also sought liberty to revive the appeal if circumstances warranted. No arguments were recorded for the respondent.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1126-A

ITA No.53 of 2015 (O&M) Date of decision : 06.09.2019 The Commissioner of Income Tax-II, Chandigarh ...... Appellant versus M/s. Bansal Generations Ltd. ...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MR.JUSTICE HARNARESH SINGH GILL Present : Mr. Vivek Sethi, Senior Standing counsel with Mr. Varun Issar, Junior 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. 3. Since the main case has been dismissed, the pending C.M., if any, also stands disposed of. (AJAY TEWARI) JUDGE (HARNARESH SINGH GILL) JUDGE 06.09.2019 anuradha Whether speaking/reasoned Yes/No Whether Reportable : Yes/No Anuradha 2019.09.11 15:58 I attest to the accuracy and integrity of this document

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