COMMISSINER OF INCOME-TAX PATIAL vs. M/S H.K. ASSOCIATES1- KANDHARI VILLA ROAD PATIALA

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ITA/91/2012HC Punjab & HaryanaPHHC01099460201219 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The High Court dismissed the appeal as withdrawn, granting the revenue liberty to file an application for revival of the appeal as prayed for.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 construed as an affirmation of the ITAT's order on merits. Furthermore, the legal issue that the revenue intended to raise was expressly left open to be adjudicated in an appropriate future case. The Court also noted that this order would dispose of all pending miscellaneous applications.

What were the facts?

The appeal was filed by the Commissioner of Income Tax, Patiala (appellant-revenue) against M/s H.K. Associates (respondent-assessee). The appeal challenged an order passed by the Income Tax Appellate Tribunal (ITAT). The tax effect involved in the appeal was ₹ 29,46,455/-. The revenue sought to withdraw the appeal based on CBDT Circular No. 03/2018 dated 11th July, 2018. The revenue also requested liberty to file an application for revival of the appeal if circumstances warranted it. The High Court considered the withdrawal request.

What were the issues?

1. Whether the appeal filed by the revenue should be dismissed as withdrawn in light of CBDT Circular No. 03/2018, considering the tax effect involved. The appellant-revenue, through its learned counsel, stated that it had instructions to withdraw the present appeal due to the tax effect being ₹ 29,46,455/-, which falls within the monetary limits prescribed by CBDT Circular No. 03/2018. The revenue sought liberty to revive the appeal if necessary. The respondent-assessee was represented by its counsel, but no specific arguments were recorded in the judgment for the respondent.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 91 of 2012 Decided on : 19.07.2018 Commissioner of Income Tax, Patiala . . . Appellant(s) Versus M/s H.K. Associates . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AVNEESH JHINGAN PRESENT: Mr. Z.S. Klar, Sr. Standing Counsel for the appellant(s). Mr. Sachin Bhardwaj, Advocate for the respondent(s). **** AJAY KUMAR MITTAL, J. (Oral) Learned counsel for the appellant-revenue states that since the tax effect involved is ` 29,46,455/-, he has instructions to withdraw the present appeal in view of the circular No.03/2018, dated 11th July, 2018, issued by the C.B.D.T., New Delhi. However, he 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. This order shall also dispose of all the pending misc. applications. (AJAY KUMAR MITTAL) JUDGE July 19, 2018 J.Ram (AVNEESH JHINGAN) JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No Jawala Ram 2018.07.24 12:08 I attest to the accuracy and authenticity of this document Chandigarh

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