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

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ITA/14/2015HC Himachal PradeshHPHC01011497201524 October 2018Author: HONOURABLE MR. JUSTICE SANJAY KAROL,HON'BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court, in view of para-5 of Circular No.3 of 2018 dated 11.7.2018, issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board Direct Taxes, noted that the appeal was not pressed due to the low tax component involved. Consequently, the appeal was ordered to be dismissed on this ground. The Court clarified that the withdrawal of this appeal would not affect the outcome or merits of any other connected matters, if any. No decision on the substantive issues of the case was rendered.

What were the facts?

The Principal Commissioner of Income Tax, Shimla (Appellant) filed an appeal under Section 260-A of the Income Tax Act, 1961, against the order dated 8.10.2014 passed by the Income Tax Appellate Tribunal (ITAT), Chandigarh Bench 'A', Chandigarh. This order affirmed the decision of the Commissioner of Income Tax (Appeals), Shimla, dated 27.9.2010. The original appeal before the CIT(A) was filed by M/s H.P. State Industrial Development Corporation Ltd., Shimla. The ITAT's order was in appeal No. ITA No.1226, 1227/Chd/2010, titled H.P. State Industrial Development Corporation, Shimla vs. A.C.I.T Circle, Shimla. The present appeal before the High Court is ITA No.14 of 2015.

What were the issues?

1. Whether the appeal filed under Section 260-A of the Income Tax Act, 1961, is maintainable given the low tax component involved, as per Circular No.3 of 2018 issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board Direct Taxes. Contentions: Assessee (Respondent): The appeal is not pressed due to the low tax component involved, as per para-5 of Circular No.3 of 2018. Revenue (Appellant): No specific contentions are recorded in the judgment regarding the merits of the case. The appeal was filed under Section 260-A of the Income Tax Act, 1961.

Which sections of the Income-tax Act were involved?

Section 260-A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

ITA No.14 of 2015

Date of Decision: 24th October, 2018

Pr. Commissioner of Income Tax, Shimla.

.......Appellant.

Versus H.P. Industrial Development Corporation.

……Respondent.

Coram

The Hon’ble Mr. Justice Sanjay Karol, Judge. The Hon’ble Mr. Justice Chander Bhusan Barowalia, Judge.

Whether approved for reporting?1 For the appellant : Mr. Vinay Kuthiala, Senior Advocate with Mr. Devi

Singh Verma, Advocate.

For the respondent : Mr. Sushant Kaprate, Advocate.

Sanjay Karol, Judge (oral).

Order dated 27.9.2010, passed by the Commissioner of Income Tax (Appeals), Shimla, H.P; in Appeal No.IT/318/09-10-SML, filed by M/s H.P. State Industrial Development Corporation Ltd; Shimla (Annexure P-2), affirmed vide order dated 8.10.2014 by Income Tax Appellate Tribunal Chandigarh Bench ‘A’, Chandigarh, in ITA No.1226, 1227/Chd/2010, titled as H.P. State Industrial Development Corporation, consideration in the present appeal filed under Section 260-A of the Income Tax Act, 1961. 2. In view of para-5 of Circular No.3 of 2018, dated 11.7.2018, issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board Direct Taxes, appeal is not pressed due to low tax component involved in the appeal. Ordered accordingly.

1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

2

3.

However, it stands clarified that withdrawal of the appeal shall not have any bearing on the outcome/merits of other connected matters, if any.

(Sanjay Karol)

Judge

(Chander Bhusan Barowalia) 24th October, 2018 Judge (CS)

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