SECURITIES AND EXCHANGES BOARD OF INDIA vs. INCOME TAX OFFICER, EXEMPTIONS, JALANDHAR
What did the High Court hold?
The High Court held that the appeal filed by the Securities and Exchange Board of India was not maintainable against the order passed on miscellaneous applications. Consequently, the Court granted the appellant's prayer to withdraw the present appeal. The appellant was granted liberty to file a substantive appeal, with permission to move an appropriate condonation application therein. The appeal was accordingly dismissed as withdrawn, and all pending applications were disposed of.
What were the facts?
The Securities and Exchange Board of India (SEBI) filed an appeal before the High Court of Punjab and Haryana at Chandigarh against an order passed by the Income Tax Officer (Exemptions), Jalandhar. The appeal was filed for the assessment year(s) not specified in the judgment. The nature of the order under challenge, beyond being passed on miscellaneous applications, is not detailed. The procedural history indicates that the appeal reached the stage of arguments before the High Court.
What were the issues?
1. Whether the appeal filed by the Securities and Exchange Board of India is maintainable against an order passed on miscellaneous applications, and if not, whether the appellant should be allowed to withdraw the appeal with liberty to file a substantive appeal. The appellant (SEBI) argued that the appeal would not be maintainable against the order passed on miscellaneous applications. Consequently, they prayed for permission to withdraw the present appeal with liberty to file a substantive appeal, along with a condonation application. The respondent (Income Tax Officer) did not record any specific arguments in the judgment.
AI-generated summary — verify with the full judgment below
118/2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 2024:PHHC: 021599 -DB ITA-6-2024 (O&M) Date of Decision: 15.02.2024 Securities and Exchange Board of India . . . . Appellant Vs. Income Tax Officer (Exemptions), Jalandhar . . . . Respondent **** CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
HON’BLE MRS. JUSTICE SUDEEPTI SHARMA **** Present Mr. Ashwani Kumar Chopra, Sr. Advocate with Mr. Manish Jain, Advocate Ms. Gurpreet Kaur Bhatti, Advocate Mr. Manan Jain, Advocate
for the appellant. **** SANJEEV PRAKASH SHARMA, J.(Oral)
After some arguments, learned counsel for the appellant, considering that the appeal would not be maintainable against the order passed on miscellaneous applications, prays to allow him to withdraw the present appeal with liberty to file substantive appeal with permission to move appropriate condonation application therein. 2. Granting him liberty as above, present appeal stands dismissed as withdrawn. 3. All pending applications also stand disposed of accordingly.
(SANJEEV PRAKASH SHARMA) JUDGE
(SUDEEPTI SHARMA) JUDGE February 15, 2024 Mohit goyal 1. Whether speaking/reasoned?
Yes/No 2. Whether reportable?
Yes/No MOHIT GOYAL 2024.02.15 17:23 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh
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