THE PR COMMISSIONER OF INCOME TAX -3 LUDHIANA vs. M/S NIKKAMAL JEWELLERS 455, THE MALL LDH

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ITA/91/2018HC Punjab & HaryanaPHHC01119424201809 September 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn. The revenue, represented by learned counsel, stated that the tax effect involved was below the monetary limit prescribed by CBDT Circular No. 3 of 2018, as amended. Consequently, the revenue had instructions to withdraw the appeal. The court granted the revenue liberty to file an application for revival of the appeal in case any aspect of the matter survives. The pending Civil Miscellaneous 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-3, Ludhiana (the revenue) against M/s Nikkamal Jewellers, Ludhiana (the assessee). The assessment year(s) are not specified in the provided text. The appeal challenges an order passed by an authority below, the details of which are not provided. The dispute pertains to a tax effect that is below the monetary limit prescribed by CBDT Circular No. 3 of 2018 and subsequent amendments. The revenue sought to withdraw the appeal based on this circular.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn by the revenue due to the tax effect being below the prescribed monetary limit. The revenue argued that as per Circular No. 3 of 2018, amended by Circular No. 17 of 2019 and Letter No. F.No. 279/Misc/M-93/2018-ITJ dated 20.08.2019, the tax effect involved in the present appeal is less than the monetary limit prescribed for filing appeals. Therefore, they have instructions to withdraw the appeal. They also prayed for liberty to file an application for revival of the appeal if something survives therein. The assessee's arguments are not recorded in the provided text.

AI-generated summary — verify with the full judgment below

ITA No.91 of 2018 (O&M) 1 219 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.91 of 2018 (O&M) Date of decision : 09.09.2019 The Pr. Commissioner of Income Tax-3, Ludhiana ...... Appellant versus M/s Nikkamal Jewellers, 455 The Mall, Ludhiana ...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MR.JUSTICE HARNARESH SINGH GILL *** Present : Mr. Rajesh Katoch, Senior Standing Counsel with Ms. Pridhi Jaswinder Sandhu, Junior Standing Counsel for the appellant. Ms. Radhika Suri, Senior Advocate with Mr. M.S.Kanda, Advocate for the respondent.

*** 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 SHARMA 2019.09.10 17:32 I am the author of this document

ITA No.91 of 2018 (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) JUDGE 09.09.2019 pooja sharma-I Whether speaking/reasoned Yes/No Whether Reportable : Yes/No POOJA SHARMA 2019.09.10 17:32 I am the author of this document

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