PR. COMMISSIONER OF INCOME TAX, JALANDHAR-2, JALANDHAR vs. M/S. THE KAPURTHALA CENTRAL CO-OP. BANK LTD.

PDF · subscribers
ITA/565/2017HC Punjab & HaryanaPHHC01117794201726 July 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The High Court dismissed the appeal as withdrawn, granting the revenue the liberty to file an application for revival of the appeal as prayed for.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 considered an affirmation of the Tribunal's order on merits. Furthermore, the Court explicitly stated that the legal issue, as claimed by the revenue, was being left open to be adjudicated in an appropriate future case. This implies that the merits of the case were not decided, and the withdrawal was purely procedural based on the tax effect and the CBDT circular.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax-2, Jalandhar (appellant-revenue) against M/s The Kapurthala Central Co-op. Bank Ltd., Jalandhar (respondent-assessee). The tax effect involved in the appeal was ₹34,69,359/-. The revenue sought to withdraw the appeal in accordance with Circular No. 03/2018 dated 11th July, 2018, issued by the Central Board of Direct Taxes. The revenue also requested liberty to file an application for revival of the appeal if something survived therein. The High Court of Punjab & Haryana at Chandigarh heard the matter.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn based on the tax effect and CBDT Circular No. 03/2018? (Question of procedure/policy) Assessee's Contention: The judgment does not record any specific arguments from the assessee's side regarding the issues to be decided on merits. The assessee was represented by counsel, but their arguments are not detailed in the provided text. Revenue's Contention: The revenue, through its learned counsel, stated that due to the tax effect of ₹34,69,359/-, it had instructions to withdraw the appeal in view of CBDT Circular No. 03/2018. The revenue prayed for liberty to file an application for revival of the appeal if circumstances warranted.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA-565-2017 Date of Decision: 26.7.2018 The Principal Commissioner of Income Tax-2, Jalandhar ...Appellant. Versus M/s The Kapurthala Central Co-op. Bank Ltd., Jalandhar ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. HON'BLE MR. JUSTICE AVNEESH JHINGAN. PRESENT: Mr. Vivek Sethi, Sr. Standing Counsel for the appellant. Mr. Vikas Mohan Gupta, Advocate for the respondent. AJAY KUMAR MITTAL, J. 1. Learned counsel for the appellant-revenue states that since the tax effect involved is ` 34,69,359/-, he has instructions to withdraw the present appeal in view of Circular No.03/2018, dated 11th July, 2018, issued by the Central Board of Direct Taxes, New Delhi. However, he 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 July 26, 2018 (AVNEESH JHINGAN) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Gurbachan Singh 2018.08.01 12:51 I attest to the accuracy and integrity of this document

Latest GST High Court judgments

Search GST case law →