COMMISSIONER OF INCOME TAX,LUD vs. PANKAJ MUNJAL

ITR/16/1995HC Punjab & HaryanaPHHC01032219199504 July 20161 pages

AI SummaryWithdrawn

What did the High Court hold?

The Tribunal allowed the withdrawal of the reference. The reasoning was based on the appellant-Department's submission that the tax effect was below the threshold of Rs. 20 lacs, as stipulated in Circular No. 21/2015. The Tribunal noted that this withdrawal would not impact the parties' rights or contentions in any other appropriate proceedings. The operative direction was to dispose of the reference as withdrawn. No issues of law or fact were decided on merits.

What were the facts?

This is an Income Tax Reference filed by the Commissioner of Income Tax (Central), Ludhiana, against Sh. Pankaj Munjal. The reference was decided on July 4, 2016. The appellant-Department sought leave to withdraw the reference. The reason for withdrawal was that the tax effect was less than Rs. 20 lacs, in accordance with Circular No. 21/2015, dated December 10, 2015. The High Court of Punjab and Haryana at Chandigarh disposed of the reference accordingly. The court noted that this order would not prejudice the rights and contentions of the parties in other proceedings.

What were the issues?

1. Whether the appeal should be withdrawn based on the tax effect being less than Rs. 20 lacs and in light of Circular No. 21/2015, dated 10.12.2015? (Question of procedure/administrative policy) The appellant-Department argued for withdrawal of the reference on the grounds stated above, relying on Circular No. 21/2015. The respondent did not record any arguments as the appeal was withdrawn by the appellant.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.302 (4)

ITR-16-1995

Decided on : 04.07.2016 The Commissioner of Income Tax (Central) Ludhiana

..... Appellant

VERSUS Sh. Pankaj Munjal ..... Respondent CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE DEEPAK SIBAL Present: Mr.Zora Singh Klar, Senior Standing Counsel, for the appellant-Department. Mr.Alok Mittal, Advocate, for the respondent.

******* S.J. VAZIFDAR, A.C.J. (Oral) Learned counsel appearing on behalf of the appellant- Department seeks leave to withdraw the reference on the ground that the tax effect is less than the amount of Rs.20 lacs and in view of Circular No. 21/2015, dated 10.12.2015. The reference is accordingly disposed of. Needless to add that this order would not affect the rights and the contentions of the parties on the questions of law or of fact in other appropriate proceedings.

[ S.J. VAZIFDAR ] ACTING CHIEF JUSTICE 04.07.2016

[ DEEPAK SIBAL ] shamsher JUDGE SHAMSHER SINGH 2016.07.05 14:01 I attest to the accuracy and authenticity of this document Chandigarh

Recent GST High Court judgments

Search GST case law →