C I T vs. M/S MAJESTIC AUTO LTD.

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ITA/607/2008HC Punjab & HaryanaPHHC01080614200829 October 2019Bench: MR. JUSTICE AJAY TEWARI,MRS. JUSTICE ALKA SARIN1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn. The revenue's counsel stated that due to the tax effect being below the monetary limit prescribed by CBDT circulars (Circular No.3 of 2018, Circular No.17 of 2019, and Letter No.F.No.279/Misc/M-93/2018-ITJ), they had instructions to withdraw the appeal. The revenue also sought liberty to revive the appeal if circumstances warranted. The Court granted this liberty. The principle here is that appeals can be withdrawn by the revenue based on monetary limits set by CBDT circulars, and courts may grant liberty to revive such appeals under specific conditions. Any pending applications related to the main appeal were also disposed of.

What were the facts?

The appeal was filed by the Commissioner of Income Tax-I, Ludhiana (appellant-revenue) against M/s. Majestic Auto Limited (respondent-assessee). The assessment year(s) are not specified. The appeal challenges an order passed by the Income Tax Appellate Tribunal (ITAT), though the specific ITAT order or action is not detailed. The amount in dispute is also not stated. The procedural history relevant here is that the appeal was filed before the High Court of Punjab and Haryana at Chandigarh.

What were the issues?

1. Whether the appeal should be withdrawn by the revenue due to the tax effect being below the prescribed monetary limit? Assessee's Contentions: The respondent-assessee is not recorded as having made any specific contentions in this excerpt. The appeal's withdrawal is initiated by the appellant-revenue. Revenue's Contentions: The appellant-revenue, through its learned counsel, stated that the tax effect involved in the appeal is less than the monetary limit prescribed in Circular No.3 of 2018 dated 11.07.2018, as amended by 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. Based on these circulars, the revenue has instructions to withdraw the present appeal. 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

759 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.607 of 2008 Date of decision : 29.10.2019 Commissioner of Income Tax-I, Ludhiana ...... Appellant versus M/s. Majestic Auto Limited, C-48, Focal Point, Ludhiana. ...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MRS.JUSTICE ALKA SARIN *** Present : Mr.Rajesh Katoch, Advocate for the appellant. Mr.Akshay Bhan, Sr. Advocate with Mr. Akhilesh Barak, Advocate & Mr.Shantanu Bansal, Advocate 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. Application, if any, also stands disposed of. (AJAY TEWARI) JUDGE (ALKA SARIN) JUDGE 29.10.2019 raman Whether speaking/reasoned Yes/No Whether Reportable : Yes/No RAMAN KUMAR 2019.10.31 09:41 I attest to the accuracy and integrity of this document

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