COMMISSIONER OF INCOME TAX vs. M/S MAHAVIR SPINNING MILLS LTD.

PDF · subscribers
ITA/615/2007HC Punjab & HaryanaPHHC01073331200711 August 2016Bench: MR. JUSTICE HEMANT GUPTA,MR. JUSTICE A.N. JINDAL1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court allowed the revenue's request to withdraw the appeal. The appeal was dismissed as withdrawn with liberty granted to the revenue to file an application for revival of the appeal. The Court 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 future case. No specific findings were made on the merits of the case.

What were the facts?

This case involves an appeal filed by the Commissioner of Income Tax-I, Ludhiana (the revenue) against an order of the Income Tax Appellate Tribunal (ITAT). The respondent is Mahavir Spinning Mills Ltd., Ludhiana. The appeal was filed for the assessment year(s) not specified in the judgment. The revenue sought to withdraw the appeal due to the tax effect being less than Rs. 20 lacs, in accordance with CBDT Circular No. 21/2015. The revenue also requested liberty to revive the appeal if circumstances changed.

What were the issues?

1. Whether the appeal can be withdrawn by the revenue in view of the tax effect being less than Rs. 20 lacs and CBDT Circular No. 21/2015? The revenue argued that the appeal should be withdrawn as per CBDT Circular No. 21/2015, dated 10.12.2015, due to the tax effect being less than Rs. 20 lacs. The revenue also sought liberty to revive the appeal. The judgment does not record any arguments from the respondent.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

ITA No. 615 of 2007 Date of decision:- 11.08.2016

Commissioner of Income Tax-I, Ludhiana

...Appellant Versus

Mahavir Spinning Mills Ltd. Ludhiana

...Respondent

CORAM: HON'BLE MR. JUSTICE S. J. VAZIFDAR, CHIEF JUSTICE

HON’BLE MR. JUSTICE DEEPAK SIBAL

Present: Mr. Rajesh Katoch, Advocate for the appellant.

None for the respondent. * * * * S.J. VAZIFDAR, C.J. (ORAL)

Learned Counsel for the appellant-revenue states that since the tax effect involved is less than Rs. 20 lacs (approx.), he has instructions to withdraw the present appeal in view of the circular No. 21/2015, dated 10.12.2015 issued by the C.B.D.T. New Delhi. However, he prayed that liberty be granted to the revenue to file an application for revival of the appeal in case something survives therein.

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 the adjudicated in an appropriate case.

(S.J. VAZIFDAR) CHIEF JUSTICE

(DEEPAK SIBAL)

JUDGE 11.08.2016 kv Whether speaking/reasoned

: Yes/No

Whether reportable

: Yes/No VERMA KUMUD 2016.08.12 14:52 I attest to the accuracy and authencity of this document Chandigarh

Recent GST High Court judgments

Search GST case law →