THE PR. COMMISSIONER OF INCOME TAX, FARIDABAD vs. M/S VOITH PAPER FABRICS INDIA LTD.

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ITA/75/2019HC Punjab & HaryanaPHHC01148554201809 September 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Punjab and Haryana at Chandigarh dismissed the appeal as withdrawn. The court granted the appellant-revenue the liberty to file an application for revival of the appeal, as prayed for. The reasoning for the dismissal was solely based on the appellant-revenue's submission that the tax effect was below the monetary limit specified in the CBDT circulars, leading to instructions to withdraw the appeal. The court did not delve into the merits of the case. The ratio decidendi is that appeals can be withdrawn by the revenue when the tax effect falls below prescribed monetary limits, with potential for revival under specific circumstances. Any pending applications related to the main case were also disposed of.

What were the facts?

This case involves an appeal filed by the Principal Commissioner of Income Tax, Faridabad (the revenue) against M/s Voith Paper Fabrics India Ltd. (the assessee). The assessment year(s) are not explicitly stated in the provided text. The appeal challenges an order or action from an unspecified authority. The amount in dispute is not mentioned. The procedural history is that the revenue's counsel, citing CBDT Circular No.3 of 2018 and subsequent amendments, stated that the tax effect was below the prescribed monetary limit and sought to withdraw the appeal. The revenue requested liberty to revive the appeal if circumstances changed.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn by the appellant-revenue. The appellant-revenue argued that the tax effect involved in the appeal is less than the monetary limit prescribed by Circular No.3 of 2018, as amended by Circular No.17 of 2019 and Letter No.F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019. Based on these instructions, the counsel stated they had instructions to withdraw the present appeal. The revenue also prayed for liberty to file an application for revival of the appeal if something survived therein. The respondent-assessee did not present any arguments, as indicated by 'None for the respondent'.

AI-generated summary — verify with the full judgment below

ITA No.75 of 2019 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.75 of 2019 (O&M) Date of decision : 09.09.2019 Principal Commissioner of Income Tax, Faridabad ...... Appellant versus M/s Voith Paper Fabrics India Ltd. 113-114 A, Sector 24, Faridabad ...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MR.JUSTICE HARNARESH SINGH GILL *** Present : Mr. Tajender K.Joshi, 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 SHARMA 2019.09.10 17:32 I am the author of this document

ITA No.75 of 2019 (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) JUDGE 09.09.2019 pooja sharma-I Whether speaking/reasoned Yes/No Whether Reportable : Yes/No POOJA SHARMA 2019.09.10 17:32 I am the author of this document

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