COMMISSIONER OF INCOME TAX I LUDHIANA vs. M/S S.E. EXPORTS BADDI

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ITA/890/2010HC Punjab & HaryanaPHHC01093871201026 September 2018Bench: MR. JUSTICE SURYA KANT,MR. JUSTICE SUDIP AHLUWALIA1 pages
AI SummaryDismissed

What did the High Court hold?

The Tribunal decided that the appeal should be dismissed as not pressed. The reasoning provided is based on the Revenue's submission that the tax effect of Rs. 12,69,186/- is below the threshold of Rs. 50 lacs stipulated in CBDT Circular No. 3/2018. Consequently, the Revenue stated it did not wish to press the appeal on merits. The Tribunal accepted this submission and dismissed the appeal. Liberty was granted to the Revenue to seek revival of the appeal if circumstances changed, and the question of law was kept open. No specific finding was made on the merits of the original dispute.

What were the facts?

The appeal was filed by the Commissioner of Income Tax-I, Ludhiana (Revenue) against M/s S.E. Exports (assessee). The assessment year(s) are not specified in the judgment. The appeal challenges an order or action passed by an authority below, the specifics of which are not detailed. The amount in dispute is stated to be Rs. 12,69,186/-. The procedural history is that the Revenue, through its counsel, stated that the tax effect was below the threshold stipulated in a recent CBDT Circular.

What were the issues?

1. Whether the appeal should be dismissed as not pressed, given the tax effect and the applicability of CBDT Circular No. 3/2018. (Question of law) Assessee's Contention: Not recorded as the assessee's counsel was present but the Revenue withdrew the appeal. Revenue's Contention: The Revenue, through its counsel, stated that the tax effect in the case is Rs. 12,69,186/-. In view of CBDT Circular No. 3/2018 dated 11.07.2018, which specifies a monetary limit of Rs. 50 lacs for filing appeals, the Revenue does not wish to press the appeal on merits.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** ITA No.890 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 `12,69,186/- 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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