CIT vs. M/S HINDUSTAN PLASTIC

PDF · subscribers
ITA/569/2010HC Punjab & HaryanaPHHC01093516201027 August 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The High Court dismissed the appeal as withdrawn. The court granted liberty to the revenue to file an application for revival of the appeal as prayed for. It was clarified that the withdrawal of the appeal by the revenue would not be considered an affirmation of the ITAT's order on merits. Furthermore, the legal issue, as claimed by the revenue, was left open to be adjudicated in an appropriate case. The court did not decide the merits of the case.

What were the facts?

The appeal was filed by the Commissioner of Income Tax-II, Ludhiana (appellant-revenue) against M/s Hindustan Plastics, Dhuri (respondent-assessee). The appeal challenged an order of the Income Tax Appellate Tribunal (ITAT). The tax effect involved in the appeal was ₹42,42,341/-. The appeal was filed in the High Court of Punjab & Haryana at Chandigarh.

What were the issues?

1. Whether the appeal filed by the revenue should be withdrawn in view of CBDT Circular No. 03/2018 dated 11th July, 2018, concerning the monetary limit for filing appeals. Contentions: Assessee: No specific contentions are recorded in the judgment. Revenue: The revenue, through its learned counsel, stated that due to the tax effect being ₹42,42,341/-, it had instructions to withdraw the appeal in view of CBDT Circular No. 03/2018. The revenue also prayed for liberty to file an application for revival of the appeal if something survives therein.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA-569-2010 (O&M) Date of Decision: 27.8.2018 The Commissioner of Income Tax-II, Ludhiana ...Appellant. Versus M/s Hindustan Plastics, Dhuri ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. HON'BLE MR. JUSTICE AVNEESH JHINGAN. PRESENT: Mr. Z.S. Klar, Sr. Standing Counsel for the appellant. Mr. K.L. Goyal, Senior Advocate with Mr. Sandeep Goyal, Advocate for the respondent. AJAY KUMAR MITTAL, J. 1. Learned counsel for the appellant-revenue states that since the tax effect involved is ` 42,42,341/-, 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 August 27, 2018 (AVNEESH JHINGAN) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No GURBACHAN SINGH 2018.08.28 17:04 I attest to the accuracy and integrity of this document

Recent GST High Court judgments

Search GST case law →