PR COMMISSIONER OF INCOME TAX PATIALA vs. M/S SEWAK TIMBER PVT LTD
What did the High Court hold?
The High Court allowed the withdrawal of the appeal. The court explicitly stated that the question of law remains open for future adjudication.
What were the facts?
The Principal Commissioner of Income Tax filed an appeal against an order of the Income Tax Appellate Tribunal. The appellant's counsel sought to withdraw the appeal due to a low tax effect, citing a CBDT circular.
What were the issues?
The primary issue was whether the appeal should be withdrawn based on the tax effect and a CBDT circular, with the question of law to be preserved.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
ITA No. 81 of 2021 (O&M)
-1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ITA No. 81 of 2021 (O&M)
Date of Decision: 14.01.2026
PR. Commissioner of Income Tax, Patiala
..... Appellant
Versus
M/s Sewa Timber Private Limited
..... Respondent
CORAM:- HON'BLE MRS. JUSTICE LISA GILL
HON'BLE MR. JUSTICE RAMESH CHANDER DIMRI
Present: Mr. Saurabh Kapoor, Sr. Standing Counsel
Mr. Rana Gurtej Singh, Jr. Standing Counsel
Ms. Muskaan Gupta, Advocate
Ms. Muskan Chauhan, Advocate
Ms. Tanya Kumar, Advocate
for the appellant.
**** LISA GILL, J.
Present appeal has been filed under Section 260A of the Income Tax Act, challenging order dated 29.01.2020 passed by learned Income Tax Appellate Tribunal, Division Bench, ‘B’, Chandigarh, in ITA No. 783/CHD/2018. 2.
Learned counsel for appellant on instructions submits that as the tax effect involved in this appeal is under Rs.2 Crores, he has specific instructions to withdraw this appeal in view of circular No. 9 of 2024 dated 17.09.2024 issued by Ministry of Finance, Department of Revenue, CBDT, SANJAY KHAN 2026.01.16 15:10 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh
ITA No. 81 of 2021 (O&M)
-2- Government of India. However, question of law as arising in appeal be kept open for adjudication in appropriate proceedings. 3.
Appeal is accordingly dismissed as withdrawn with question of law being kept open for adjudication in appropriate proceedings.
Pending application(s), if any, also stand(s) disposed of accordingly.
(LISA GILL)
JUDGE
(RAMESH CHANDER DIMRI) 14.01.2026
JUDGE s.khan
Whether speaking/reasoned: Yes/No Whether reportable: Yes/No SANJAY KHAN 2026.01.16 15:10 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh
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