COMMISSIONER OF INCOME TAX vs. M/S VARDHMAN POLYTEX LTD

PDF · subscribers
ITA/614/2007HC Punjab & HaryanaPHHC01073330200701 October 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn. The court granted the revenue the liberty to file an application for revival of the appeal, as prayed for by the revenue's counsel. This decision was based on the revenue's submission that the tax effect was below the prescribed monetary limit for filing appeals, as per the relevant CBDT circulars. The court reasoned that since the main appeal was dismissed as withdrawn, any pending miscellaneous applications also stood disposed of. The operative direction was the dismissal of the appeal with liberty to revive.

What were the facts?

This case involves an appeal filed by the Commissioner of Income Tax-I, Ludhiana (the revenue) against M/s Vardhman Polytex Ltd. (the assessee). The appeal pertains to the assessment year(s) not specified in the judgment. The specific order or action under challenge is not detailed. The procedural history is limited to the filing of the present appeal by the revenue. The amount in dispute is also not stated. The judgment records that the revenue's counsel appeared, while no one appeared for the respondent-assessee.

What were the issues?

The Tribunal was not required to decide any substantive issues on merits. The primary matter before the court was the revenue's request to withdraw the appeal. The revenue's contention was based on the tax effect involved being below the monetary limit prescribed by CBDT Circular No. 3 of 2018, as amended by Circular No. 17 of 2019 and further clarified by Letter No. F.No.279/Misc/M-93/2018-ITJ. The revenue sought liberty to revive the appeal if circumstances warranted. No arguments were recorded for the assessee as they were absent.

AI-generated summary — verify with the full judgment below

ITA No. 614 of 2007 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 229 ITA No. 614 of 2007 (O&M) Date of Decision : 01.10.2019 Commissioner of Income Tax-I, Ludhiana ... Appellant Versus M/s Vardhman Polytex Ltd.

....Respondent CORAM:HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present: Mr. Rajesh Katoch, Senior Standing Counsel with Ms. Pridhi Jaswinder Sandhu, Jr. Standing counsel for the appellant. None 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. POOJA SAINI 2019.10.04 14:21 I attest to the accuracy and integrity of this document

ITA No. 614 of 2007 (O&M) 2 3. Since the main case has been dismissed, the pending C.M. application, if any, also stands disposed of. ( AJAY TEWARI ) JUDGE ( HARNARESH SINGH GILL ) 01.10.2019 JUDGE pooja saini Whether speaking/reasoned? Yes/No Whether reportable? Yes/No POOJA SAINI 2019.10.04 14:21 I attest to the accuracy and integrity of this document

Recent GST High Court judgments

Search GST case law →