COMNR.OF I.TAX vs. HOTEL HOLIDAY RESORT

ITA/111/2008HC OrissaODHC01051382200808 May 2017Bench: MR. JUSTICE I.MAHANTY,MR. JUSTICE BISWAJIT MOHANTY2 pages

AI SummaryWithdrawn

What did the High Court hold?

The Hon'ble Tribunal, per the submission of the learned Standing Counsel for the Income Tax Department, allowed the appeal to be dismissed as withdrawn. The reasoning was based on the CBDT Circular No. 17 of 2019, which stipulates the withdrawal of appeals where the tax effect is below Rs. 1,00,00,000/-. The Tribunal granted the liberty sought by the Revenue to file an application for restoration of the appeal, should it be later determined that the subject matter falls within the exceptions outlined in the circular. No order was made as to the costs of the appeal. Any pending interlocutory applications in this appeal were also closed.

What were the facts?

This matter concerns Income Tax Appeal No. 111 of 2008. The Income Tax Department, represented by its learned Standing Counsel, made a submission before the Hon'ble Justices A.V. Sesha Sai and Ravi Nath Tilhari. The submission was based on the Central Board of Direct Taxes (CBDT) Circular No. 17 of 2019, dated August 8, 2019. This circular mandates the withdrawal of appeals where the tax effect is below Rs. 1,00,00,000/-. The Department stated that the tax effect in the present appeal falls within this threshold, and therefore, sought permission to withdraw the appeal. They also requested liberty to file an application for restoration if it was later found that the subject matter of the appeal fell under exceptions mentioned in the circular.

What were the issues?

1. Whether the Income Tax Department should be permitted to withdraw Income Tax Appeal No. 111 of 2008, based on CBDT Circular No. 17 of 2019, given the tax effect is below Rs. 1,00,00,000/-? Assessee's Contentions: The judgment does not record any specific contentions from the assessee. The matter proceeded based on the submission of the Revenue. Revenue's Contentions: The learned Standing Counsel for the Income Tax Department submitted that as per CBDT Circular No. 17 of 2019, all appeals with a tax effect below Rs. 1,00,00,000/- are to be withdrawn. Since the tax effect in this appeal is below the specified limit, the appellant (Revenue) should be permitted to withdraw the appeal. The Revenue also sought liberty to file an application for restoration if the subject matter falls within the exceptions mentioned in the circular.

AI-generated summary — verify with the full judgment below

THE HON’BLE SRI JUSTICE A.V.SESHA SAI AND THE HON’BLE SRI JUSTICE RAVI NATH TILHARI

I.T.T.A.No.111 OF 2008

JUDGMENT: (Per Hon’ble Sri Justice A.V.Sesha Sai)

The learned Standing Counsel for the Income Tax Department would submit that in terms of Central Board Direct Taxes Circular No.17 of 2019, dated 08.08.2019, all appeals where the tax effect is below Rs.1,00,00,000/- are required to be withdrawn, and as the value of the present appeal is less than Rs.1,00,00,000/-, the appellant may be permitted to withdraw the appeal. The learned counsel would further submit that liberty may be granted, in case it were to be found later that the subject matter of the appeal falls within the exceptions mentioned in the circular issued by the Central Board to file an application for restoration of the appeal. Accordingly, this Appeal is dismissed as withdrawn with the liberty sought for. There shall be no order as to costs of the Appeal.

As a sequel, interlocutory applications pending, if any, in this appeal shall stand closed.

___________________ A.V.SESHA SAI, J

_________________________ RAVI NATH TILHARI, J Date: 27.04.2022

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THE HON’BLE SRI JUSTICE A.V.SESHA SAI AND THE HON’BLE SRI JUSTICE RAVI NATH TILHARI

I.T.T.A. No.111 OF 2008

Date: 27.04.2022

siva

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