CIT LUDHIANA vs. M/SOM PARKASH SUDHARSHAN KUMARI FAMILY TRUST

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ITR/73/1998HC Punjab & HaryanaPHHC01038055199804 July 20161 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court granted the appellant-Department's request for leave to withdraw the Income Tax Reference (ITR) No. 73 of 1998. The Court reasoned that the withdrawal was permissible based on the stated ground that the tax effect was below the threshold of Rs. 20 lacs, as per Circular No. 21/2015. The reference was accordingly disposed of. The Court also clarified that this order would not prejudice the rights and contentions of the parties in any other appropriate proceedings. No decision was made on the merits of the original reference.

What were the facts?

The Commissioner of Income Tax (Central), Ludhiana, the appellant-Department, sought leave to withdraw the Income Tax Reference (ITR) No. 73 of 1998. The respondent in this reference was M/s Om Parkash Sudershan Kumari Family Trust, Ludhiana. The withdrawal was sought on the grounds 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 was hearing this application for withdrawal.

What were the issues?

1. Whether the appellant-Department should be granted leave to withdraw the Income Tax Reference (ITR) No. 73 of 1998? (Question of procedure) Contentions: Assessee: No specific contentions recorded in the judgment regarding the withdrawal. Revenue: The appellant-Department contended that leave to withdraw the reference should be granted as the tax effect was less than Rs. 20 lacs, citing Circular No. 21/2015 dated December 10, 2015.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No.302 (9) ITR-73-1998

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

VERSUS M/s Om Parkash Sudershan Kumari Family Trust, Ludhiana ..... 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 2016.07.08 14:36 I attest to the accuracy and authenticity of this document Chandigarh

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