PRINCIPAL COMMISSIONER OF INCOME TAX, FARIDABAD vs. M/S. NUCHEM LIMITED

PDF · subscribers
ITA/89/2019HC Punjab & HaryanaPHHC01000776201910 September 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court decided to dismiss the appeal as withdrawn. The reasoning was based on the submission made by the learned counsel for the appellant-revenue. The revenue stated that the tax effect involved was less than the monetary limit prescribed by the Central Board of Direct Taxes (CBDT) in its Circular No. 3 of 2018, as amended by Circular No. 17 of 2019 and further clarified by Letter No. F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019. Consequently, the revenue had instructions to withdraw the appeal. The court granted the liberty as prayed for by the revenue to file an application for revival of the appeal in case something survived therein. The pending C.M. application, if any, was also disposed of as the main case was dismissed.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Faridabad (the revenue) against M/s Nuchem Limited (the assessee). The assessment year(s) are not specified in the judgment. The order or action under challenge is the revenue's appeal to the High Court. The procedural history is that the revenue's counsel stated that due to the tax effect being below the monetary limit prescribed by CBDT Circular No. 3 of 2018, as amended by Circular No. 17 of 2019, they had instructions to withdraw the appeal. They also sought liberty to revive the appeal if circumstances changed.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn by the revenue, considering the tax effect is below the prescribed monetary limit for appeals as per CBDT Circulars. Assessee's Contentions: The judgment does not record any specific contentions from the assessee. The matter proceeded based on the revenue's submission. Revenue's Contentions: The revenue's counsel stated that the tax effect involved in the appeal is less than the monetary limit prescribed in CBDT Circular No. 3 of 2018, as amended by Circular No. 17 of 2019, read with Letter No. F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019. Based on these circulars, the revenue sought to withdraw the present appeal, while praying for liberty to file an application for revival if something survived therein.

AI-generated summary — verify with the full judgment below

ITA No. 89 of 2019 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 109-A ITA No. 89 of 2019 (O&M) Date of Decision : 10.09.2019 Principal Commissioner of Income Tax Faridabad ... Appellant Versus M/s Nuchem Limited

....Respondent CORAM:HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present: Mr. T.K.Joshi, Senior Standing Counselfor 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. POOJA SAINI 2019.09.11 16:57 I attest to the accuracy and integrity of this document

ITA No. 89 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 ) 10.09.2019 JUDGE pooja saini Whether speaking/reasoned? Yes/No Whether reportable? Yes/No POOJA SAINI 2019.09.11 16:57 I attest to the accuracy and integrity of this document

Recent GST High Court judgments

Search GST case law →