THE PR COMMISSIONER OF INCOME TAX CENTRAL LUDH vs. KRISHNA GANDHI WELFARE SOCIETY BHATTI COLONY CHD ROAD NAWANSHAHAR

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ITA/83/2017HC Punjab & HaryanaPHHC01117825201724 July 2018Bench: MR. JUSTICE AJAY KUMAR MITTAL,MR. JUSTICE AVNEESH JHINGAN1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn with liberty granted to the revenue to file an application for revival of the appeal as prayed for. The Court clarified that the withdrawal of the appeal by the revenue would not be considered an affirmation of the Tribunal's order on merits. Furthermore, the legal issue, as claimed by the revenue, was left open to be adjudicated in an appropriate case. The respondent-assessee's prayer for withdrawal of CM-14819-CII-2018 was also ordered accordingly. The judgment does not record any specific findings on the merits of the original dispute or the ITAT's order.

What were the facts?

The Principal Commissioner of Income Tax (Central), Ludhiana (the revenue) filed an appeal against an order of the Income Tax Appellate Tribunal (ITAT). The appeal concerned Smt. Krishna Gandhi Welfare Society, Nawanshahr (the assessee). The tax effect involved in the appeal was ₹44,08,960/-. The revenue sought to withdraw the appeal based on Circular No. 03/2018 dated 11th July 2018, issued by the Central Board of Direct Taxes. The revenue also prayed for liberty to revive the appeal if circumstances warranted. The respondent-assessee also prayed for withdrawal of a related application.

What were the issues?

1. Whether the revenue is permitted to withdraw the appeal given the tax effect and CBDT Circular No. 03/2018? (Question of law) Contentions: Assessee: The respondent-assessee prayed for withdrawal of CM-14819-CII-2018. Revenue: The appellant-revenue, citing Circular No. 03/2018 dated 11th July 2018, stated it had instructions to withdraw the appeal due to the tax effect of ₹44,08,960/-. It prayed for liberty to revive the appeal if something survived therein.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA-83-2017 (O&M) Date of Decision: 24.7.2018 The Principal Commissioner of Income Tax (Central), Ludhiana ...Appellant. Versus Smt. Krishna Gandhi Welfare Society, Nawanshahr ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. HON'BLE MR. JUSTICE AVNEESH JHINGAN. PRESENT: Mr. Rajesh Katoch, Sr. Standing Counsel for the appellant. Mr. Ashok Paul Batra, Advocate for the respondent. AJAY KUMAR MITTAL, J. 1. Learned counsel for the appellant-revenue states that since the tax effect involved is ` 44,08,960/-, he has instructions to withdraw the present appeal in view of Circular No.03/2018, dated 11th July, 2018, issued by the Central Board of Direct Taxes, New Delhi. However, he has prayed that liberty be granted to the revenue to file an application for revival of the appeal in case something survives therein. 2. 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 be adjudicated in an appropriate case. 3. Learned counsel for the respondent prays for withdrawal of CM-14819-CII-2018. 4. Ordered accordingly. (AJAY KUMAR MITTAL) JUDGE July 24, 2018 (AVNEESH JHINGAN) gbs JUDGE Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Gurbachan Singh 2018.07.30 14:11 I attest to the accuracy and integrity of this document

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