The Commissioner of Income Tax-III vs. Shri Mahender Kumar,

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ITTA/561/2010HC TelanganaHBHC01006082201021 March 2016Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court disposed of the appeal in view of the CBDT circulars regarding low tax effect. The questions of law were kept open, with liberty to revive the appeal if necessary.

What were the facts?

The appeal was filed by the Commissioner of Income Tax against an ITAT order. The respondent argued for withdrawal due to low tax effect as per CBDT circulars.

What were the issues?

Whether the appeal should be withdrawn by the department due to low tax effect as per CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

ITA No.561 of 2010 [1] 1045 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** ITA No.561 of 2010 Date of Decision: 17.02.2020 The Commissioner of Income Tax, Faridabad Appellant Versus Mangal Singh (HUF) Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE AVNEESH JHINGAN Present: Mr. Tajender K. Joshi, Advocate for the appellant-department. Mr. B.M. Monga, Advocate for the respondent. **** AJAY TEWARI, J. (Oral) [1] This appeal has been filed under Section 260A of the Income Tax Act against the order dated 27.11.2009 passed by the Income Tax Appellate Tribunal, Delhi in I.T.(SS) A. No.25/Del/2009 for the assessment years from 01.04.1987 to 18.02.1997. [2] The contention of learned counsel for the respondent is that this case would have to be withdrawn by the appellant in view of low tax effect as per Circular No.3 of 2018 dated 11.07.2018 issued by the Central Board of Direct Taxes, further amended vide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. PANKAJ BAWEJA 2020.02.19 08:33 I attest to the accuracy and integrity of this document High Ciourt, Chandigarh

ITA No.561 of 2010 [2] [3] Learned counsel for the appellant states that he needs time. [4] Learned counsel for the respondent has handed over a copy of the demand notice which, prima facie, bears out his contention. [5] In the circumstances, the appeal is disposed of in view of the aforesaid circular, keeping the questions of law open. However, liberty is granted to the appellant to file an application for revival of appeal, if something survives therein. [6] Since the main case is disposed of, the pending application, if any, also stands disposed of. [AJAY TEWARI] JUDGE [AVNEESH JHINGAN] JUDGE February 17, 2020

pankaj baweja

1.

Whether speaking/ reasoned : Yes / No 2. Whether reportable : Yes / No PANKAJ BAWEJA 2020.02.19 08:33 I attest to the accuracy and integrity of this document High Ciourt, Chandigarh

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