PR.COMMISSIONER OF INCOME TAX vs. H.P.INDUSTRIAL DEVELOPMENT CORPORATION

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ITA/12/2015HC Himachal PradeshHPHC01011494201523 December 2021Author: HON'BLE MRS. JUSTICE SABINA,HON'BLE MR. JUSTICE SATYEN VAIDYA3 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court permitted the appellant (Revenue) to withdraw the appeals. The court ordered accordingly, and any pending applications were also disposed of. The decision to allow withdrawal was based on the Revenue's submission that the tax effect was below the threshold stipulated in Circular No. 17 of 2019. No decision was made on the merits of the appeals.

What were the facts?

The appeals were filed by the Principal Commissioner of Income Tax, Shimla, against the Himachal Pradesh Industrial Development Corporation. The appeals were listed for hearing on December 23, 2021. The Revenue's counsel sought permission to withdraw the appeals. The reason cited for withdrawal was that the tax effect was less than Rupees one crore, in accordance with Circular No. 17 of 2019.

What were the issues?

1. Whether the appeals filed by the Revenue can be withdrawn based on the tax effect being less than Rupees one crore, as per Circular No. 17 of 2019? The Revenue argued that they should be permitted to withdraw the instant appeals in terms of Circular No. 17 of 2019, as the tax effect is less than Rupees one crore. The judgment does not record any arguments from the Respondent (Assessee).

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA ON THE 23rd DAY OF DECEMBER, 2021 BEFORE HON'BLE MS. JUSTICE SABINA & HON'BLE MR. JUSTICE SATYEN VAIDYA INCOME TAX APPEAL No. 12 of 2015 ALONG WITH INCOME TAX APPEAL NO. 13 OF 2015. 1. INCOME TAX APPEAL NO.12 of 2015. Between:- PR. COMMISSIONER OF INCOME TAX, SHIMLA ….APPELLANT (BY MR. VINAY KUTHIALA, SENIOR ADVOCATE WITH MS. VANDANA KUTHIALA, ADVOCATE). AND H.P. INDUSTRIAL DEVELOPMENT CORPORATION, NEW HIMRUS, CART ROAD, SHIMLA THROUGH ITS MANAGING DIRECTOR. ….RESPONDENT. (BY MR. VISHAL MOHAN, ADVOCATE) 2. INCOME TAX APPEAL NO.13 of 2015. Between:- PR. COMMISSIONER OF INCOME TAX, SHIMLA ….APPELLANT (BY MR. VINAY KUTHIALA, SENIOR ADVOCATE WITH MS. VANDANA KUTHIALA, ADVOCATE). AND H.P. INDUSTRIAL DEVELOPMENT CORPORATION, NEW HIMRUS, CART ROAD, SHIMLA THROUGH ITS MANAGING DIRECTOR. ….RESPONDENT. (BY MR. VISHAL MOHAN, ADVOCATE) These appeals coming on for hearing this day, Hon'ble Ms. Justice Sabina, delivered the following:-

J U D G M E N T Learned counsel appearing for the appellant(s) submits that he may be permitted to withdraw the instant appeals in terms of circular No.17 of 2019, as the tax effect is less than Rupees one crore. …2…

Ordered accordingly.

Pending application(s), if any, shall also stand disposed of.

(Sabina) Judge (Satyen Vaidya) Judge 23rd December, 2021. (jai) …3…

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