CIT vs. M/S SE EXPORTS

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ITA/797/2010HC Punjab & HaryanaPHHC01093768201026 September 2018Bench: MR. JUSTICE SURYA KANT,MR. JUSTICE SUDIP AHLUWALIA1 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that in view of the CBDT Circular No. 3/2018, the appeal filed by the Revenue is dismissed as not pressed. The Court granted liberty to the Revenue to seek revival of the appeal if circumstances change. The question of law was also kept open. The reasoning is solely based on the Revenue's decision not to press the appeal due to the tax effect being below the threshold stipulated in the CBDT circular. The operative direction is the dismissal of the appeal as not pressed, with liberty to revive and the question of law kept open.

What were the facts?

This is an appeal filed by the Commissioner of Income Tax-I, Ludhiana (the Revenue) against M/s S.E. Exports (the Assessee). The appeal is against an order presumably passed by the Income Tax Appellate Tribunal (ITAT), though the specific order and assessment year(s) are not detailed in this High Court judgment. The tax effect involved in the case is stated to be ₹26,97,431/-. The procedural history leading to this High Court appeal is not elaborated.

What were the issues?

The primary issue before the High Court was whether the appeal filed by the Revenue should be pressed on merits. The Revenue, through its counsel, stated that the tax effect involved in the case is ₹26,97,431/-. The Revenue argued that in view of Circular No. 3/2018 dated 11.07.2018 issued by the Ministry of Finance, Department of Revenue, Central Board Direct Taxes, which stipulates a monetary limit for filing appeals, and considering the tax effect is less than ₹50 lacs, they do not wish to press the appeal on merits. The Assessee's arguments are not recorded as the Revenue conceded.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** ITA No.797 of 2010 (O&M) Date of Decision: 26.09.2018 **** Commissioner of Income Tax-I, Ludhiana ..... Appellant Versus M/s S.E. Exports

..... Respondent CORAM: HONBLE MR. JUSTICE SURYA KANT HONBLE MR. JUSTICE SUDIP AHLUWALIA Present: Mr. Rajesh Katoch, Advocate, for the appellant. Mr. Akshay Bhan, Senior Advocate with Mr. Alok Mittal, Advocate, for the respondent. SURYA KANT J. (ORAL) (1) Learned counsel for Revenue states that the tax effect involved in this case is `26,97,431/- and in view of the recent Circular No.3/2018 dated 11.07.2018 issued by the Ministry of Finance, Department of Revenue, Central Board Direct Taxes, the tax effect being less than `50 lacs, he does not want to press this appeal on merits. (2) In view of the CBDT Circular, the instant appeal is dismissed as not pressed. As prayed for by learned counsel for the appellant, liberty is granted to the Revenue to seek revival of the appeal, if need be, in the changed circumstances. The question of law is also kept open.

(SURYA KANT)

JUDGE 26.09.2018

(SUDIP AHLUWALIA) Bhumika JUDGE 1. Whether speaking/reasoned: Yes 2. Whether reportable: No Bhumika Bhati 2018.09.28 13:58 I attest to the accuracy and integrity of this document

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