PR. COMMISSIONER OF INCOME TAX-1, CHANDIGARH vs. SH. ANIL TALWAR

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ITA/74/2019HC Punjab & HaryanaPHHC01148401201819 May 2022Bench: MR. JUSTICE TEJINDER SINGH DHINDSA,MR. JUSTICE PANKAJ JAIN2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court dismissed the appeal as withdrawn. It clarified that the withdrawal does not affirm the Tribunal's order on merits and leaves the legal issue open for future adjudication.

What were the facts?

The appellant-revenue sought to withdraw the appeal due to the tax effect being below the prescribed monetary limit. They requested liberty to revive the appeal if necessary.

What were the issues?

The primary issue was the revenue's decision to withdraw the appeal based on monetary limits prescribed by CBDT circulars.

AI-generated summary — verify with the full judgment below

102/5 + 135/2 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA-74-2019 (O&M) Date of decision: 19.05.2022 Pr. Commissioner of Income Tax-I, Chandigarh .... Appellant Versus Sh. Anil Talwar .... Respondent CORAM: HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Yogesh Putney, Senior Standing Counsel for the appellant. ****

TEJINDER SINGH DHINDSA, J (ORAL) CM-6558-CII-2020 Application is allowed as prayed for. The accompanying affidavit of the Principal Commissioner of Income Tax-I, Aayakar Bhawan, Sector 17-E, Chandigarh is taken on record. Main case Learned counsel for the appellant-revenue states that since the tax effect involved is less than the monetary limit as prescribed in Circular No.3 of 2018 dated 11.07.2018 issued by the Central Board of Direct Taxes, further amended vide Circular No.17 of 2019 dated 08.08.2019 read with Letter No.F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019, he has instructions to withdraw the present appeal. However, he prayed that liberty be granted to the appellant-revenue to file an application for revival of the appeal, in case something survives therein. SUNITA NAGPAL 2022.05.20 10:43 I attest to the accuracy and authenticiy of this order/judgment

ITA-74-2019 (O&M) -2- 2. Dismissed as withdrawn with liberty as prayed for. It is, however, clarified that withdrawal of the appeal by the appellant-revenue shall not be taken to be affirmation of order of the Tribunal on merits. Further, the legal issue as claimed by the appellant-revenue is being left open to be adjudicated in an appropriate case. 3. Since the main case has been dismissed, the pending C.M. Application, if any, also stands disposed of. (TEJINDER SINGH DHINDSA) JUDGE (PANKAJ JAIN)

JUDGE 19.05.2022 sunita

Whether speaking/reasoned : Yes

Whether Reportable : No SUNITA NAGPAL 2022.05.20 10:43 I attest to the accuracy and authenticiy of this order/judgment

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