THE COMMISSIONER OF INCOME TAX,PATIALA vs. M/S BAKEMAN'S HOME PRODUCTS LTD.

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ITR/32/2002HC Punjab & HaryanaPHHC01043586200223 August 2016Bench: MR. JUSTICE A.K. SIKRI,MRS. JUSTICE MANJARI NEHRU KAUL1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Punjab and Haryana at Chandigarh dismissed the reference as withdrawn, granting the liberty prayed for by the revenue to file an application for revival of the reference. The Court clarified that the withdrawal of the reference by the revenue would not be construed as an affirmation of the ITAT's order on merits. Furthermore, the Court explicitly stated that the legal issue, as claimed by the revenue, was being left open to be adjudicated in an appropriate future case. The Court did not decide the merits of the case.

What were the facts?

The Commissioner of Income Tax, Patiala (the appellant-revenue) filed a reference before the High Court of Punjab and Haryana at Chandigarh against M/s Bakeman's Home Products (P) Ltd., Patiala (the respondent-assessee). The reference concerned an Income Tax Appellate Tribunal (ITAT) order. The tax effect involved in the appeal was Rs. 2,40,700/-. The revenue sought to withdraw the reference based on Circular No. 21/2015 dated 10.12.2015 issued by the CBDT, which provides guidelines for withdrawal of appeals based on tax effect. The revenue also requested liberty to revive the reference if circumstances warranted.

What were the issues?

1. Whether the revenue is entitled to withdraw the present reference in view of the tax effect and CBDT Circular No. 21/2015? (Question of law) Assessee's Contention: The judgment does not record any specific contentions made by the assessee. The matter proceeded based on the revenue's submission. Revenue's Contention: The revenue, represented by its learned counsel, stated that due to the tax effect of Rs. 2,40,700/-, it had instructions to withdraw the present reference in accordance with CBDT Circular No. 21/2015. The revenue also prayed for liberty to file an application for revival of the reference.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No. 447 ITR-32-2002

Decided on : 23.08.2016 The Commissioner of Income Tax, Patiala ..... Appellant

VERSUS M/s Bakeman's Home Products (P) Ltd., Patiala ..... Respondent CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, CHIEF JUSTICE HON'BLE MR. JUSTICE DEEPAK SIBAL Present: Mr.Zora Singh Klar, Advocate, for the appellant. Mr.Akshay Bhan, Senior Advocate, with Mr.Alok Mittal, Advocate, for the respondent.

******* S.J. VAZIFDAR, C.J. (Oral) Learned counsel for the appellant-revenue states that since the tax effect involved is Rs.2,40,700/-, he has instructions to withdraw the present reference in view of the circular No.21/2015, dated 10.12.2015, 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 reference in case something survives therein. 2. Dismissed as withdrawn with liberty as prayed for. It is, however, clarified that withdrawal of the reference 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.

[ S.J. VAZIFDAR ]

CHIEF JUSTICE 23.08.2016

[ DEEPAK SIBAL ] shamsher JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Shamsher Singh 2016.08.24 17:37 I attest to the accuracy and authenticity of this document Chandigarh

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