PR. COMMISSIONER OF INCOME TAX-I, JALANDHAR vs. M/S THE HOSHIARPUR CENTRAL COOPERATIVE BANK LTD., RAILWAY ROAD, HOSHIARPUR

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ITA/63/2019HC Punjab & HaryanaPHHC01147432201816 September 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn. The court granted liberty to the appellant-revenue to file an application for revival of the appeal, as prayed for by their counsel. The reasoning for the dismissal was solely based on the appellant-revenue's submission regarding the tax effect being below the monetary limit prescribed by the CBDT circulars, and their instruction to withdraw the appeal. No decision was made on the merits of the case. Any pending civil miscellaneous applications were also disposed of as a consequence of the main appeal being dismissed.

What were the facts?

The appellant, Pr. Commissioner of Income Tax-I, Jalandhar (the revenue), filed an appeal before the High Court of Punjab and Haryana at Chandigarh against an order concerning M/s. The Hoshiarpur Central Cooperative Bank Ltd. (the assessee). The appeal was filed against an order passed by the Income Tax Appellate Tribunal (ITAT). The specific assessment year(s) and the nature of the ITAT's order are not detailed in the provided text. The procedural history is limited to the filing of this appeal by the revenue.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn by the appellant-revenue, considering the tax effect is below the prescribed monetary limit as per CBDT Circular No. 3 of 2018 and Circular No. 17 of 2019. The appellant-revenue argued that due to the low tax effect, they have instructions to withdraw the appeal. They also requested liberty to file an application for revival of the appeal if circumstances change. The respondent-assessee's arguments are not recorded in the judgment.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 105-A ITA-63-2019 (O&M) Date of decision :16.9.2019 Pr. Commissioner of Income Tax-I, Jalandhar ...... Appellant versus M/s. The Hoshiarpur Central Cooperative Bank Ltd. ...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MR.JUSTICE HARNARESH SINGH GILL Present : Mr. Vivek Sethi, Senior Standing Counsel with Mr. Varun Issar, Junior Standing Counsel for the appellant.

*** 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 as withdrawn, the pending C.M, if any also stands disposed of. (AJAY TEWARI) JUDGE (HARNARESH SINGH GILL) JUDGE 16.09.2019 anuradha Whether speaking/reasoned Yes/No Whether Reportable : Yes/No Anuradha 2019.09.17 16:40 I attest to the accuracy and integrity of this document

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