CIT, LUDHIANA vs. M/S S.E. EXPORTS

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ITA/549/2010HC Punjab & HaryanaPHHC01093494201026 September 2018Bench: MR. JUSTICE SURYA KANT,MR. JUSTICE SUDIP AHLUWALIA1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that in view of CBDT Circular No. 3/2018, the instant appeal is dismissed as not pressed. The Court granted liberty to the Revenue to seek revival of the appeal if need be in changed circumstances, and kept the question of law open. The reasoning is based solely on the tax effect being below the monetary limit prescribed by the CBDT circular for pursuing appeals. No decision on the merits of the case was made. The operative direction is the dismissal of the appeal as not pressed.

What were the facts?

The appeal was filed by the Commissioner of Income Tax-I, Ludhiana (Revenue) against M/s S.E. Exports (Assessee). The assessment year(s) are not explicitly stated in the provided text. The appeal challenges an order or action from a lower authority, the details of which are not specified. The amount in dispute, as stated by the Revenue's counsel, is Rs. 12,69,186/-. The procedural history involves the Revenue's decision not to press the appeal on merits due to the tax effect being below the threshold stipulated in a CBDT circular.

What were the issues?

The primary issue before the High Court was whether the appeal filed by the Revenue should be pressed on merits. The Revenue's counsel stated that the tax effect involved is Rs. 12,69,186/-. The Revenue argued that in view of Circular No. 3/2018 dated 11.07.2018 issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, the tax effect being less than Rs. 50 lacs, they do not want to press this appeal on merits. The Assessee's arguments are not recorded in the provided text.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** ITA No.549 of 2010 (O&M) Date of Decision: 26.09.2018 **** Commissioner of Income Tax-I, Ludhiana ..... Appellant Versus M/s S.E. Exports

..... Respondent CORAM: HONBLE MR. JUSTICE SURYA KANT HONBLE MR. JUSTICE SUDIP AHLUWALIA Present: Mr. Rajesh Katoch, Advocate, for the appellant. Mr. Akshay Bhan, Senior Advocate with Mr. Alok Mittal, Advocate, for the respondent. SURYA KANT J. (ORAL) (1) Learned counsel for Revenue states that the tax effect involved in this case is `12,69,186/- and in view of the recent Circular No.3/2018 dated 11.07.2018 issued by the Ministry of Finance, Department of Revenue, Central Board Direct Taxes, the tax effect being less than `50 lacs, he does not want to press this appeal on merits. (2) In view of the CBDT Circular, the instant appeal is dismissed as not pressed. As prayed for by learned counsel for the appellant, liberty is granted to the Revenue to seek revival of the appeal, if need be, in the changed circumstances. The question of law is also kept open.

(SURYA KANT)

JUDGE 26.09.2018

(SUDIP AHLUWALIA) Bhumika JUDGE 1. Whether speaking/reasoned: Yes 2. Whether reportable: No Bhumika Bhati 2018.09.28 13:57 I attest to the accuracy and integrity of this document

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