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The High Court dismissed the appeal as withdrawn. The revenue's counsel informed the court that due to the tax effect being below the prescribed monetary limits for appeals, they had instructions to withdraw the present appeal. The revenue also prayed for liberty to file an application for revival of the appeal in case circumstances warranted it. The Court granted this liberty. Consequently, any pending C.M. Application also stood disposed of. The judgment does not record any decision on the merits of the original dispute, as the appeal was withdrawn.
The High Court of Punjab and Haryana at Chandigarh dismissed the appeal as withdrawn. The revenue's counsel stated that due to the tax effect being below the monetary limit prescribed by CBDT circulars, they had instructions to withdraw the appeal. The court granted the liberty as prayed for by the revenue to file an application for revival of the appeal in case circumstances change. The pending C.M. Application, if any, was also disposed of as the main case was dismissed. No specific findings on the merits of the case were made as the appeal was withdrawn.
The High Court of Punjab and Haryana at Chandigarh dismissed the appeal as withdrawn. The court granted the liberty as prayed for by the appellant-revenue to file an application for revival of the appeal in case something survives therein. The court also noted that since the main case has been dismissed as withdrawn, any pending Civil Miscellaneous applications also stand disposed of. The reasoning for the dismissal is solely based on the revenue's instruction to withdraw the appeal due to the low tax effect, as per the relevant CBDT circulars. No decision on the merits of the case was made.
The High Court of Punjab and Haryana at Chandigarh decided to dismiss the appeal as withdrawn. The court noted that the Revenue's counsel wished to withdraw the case in light of a CBDT Circular and that the tax effect involved was below the monetary limit prescribed by CBDT Circular No.3 of 2018, as amended. The court found no disability for one of its judges, who had previously been counsel for the respondent-assessee, in allowing the withdrawal. The Revenue was granted liberty to file an application for revival of the appeal, should circumstances warrant it. Any pending Civil Miscellaneous Application was also disposed of as the main case was decided.
The High Court decided to dismiss the appeal as withdrawn. The reasoning provided is that the appellant-revenue, represented by its counsel, stated that the tax effect involved in the appeal was below the monetary limit stipulated in the relevant CBDT Circulars (Circular No. 3 of 2018, Circular No. 17 of 2019, and Letter No. F.No.279/Misc/M-93/2018-ITJ). Consequently, the revenue had instructions to withdraw the appeal. The court granted liberty to the appellant-revenue to file an application for revival of the appeal if something survives therein. The pending C.M. application, if any, was also disposed of as the main case was dismissed.
The High Court acknowledged that while the initial process of sending notice by registered post to the address on record was not faulted, it did come to the revenue's knowledge that the petitioner had shifted his address. The Court noted that the Income Tax Appellate Tribunal had previously accepted the assessee's plea of reasonable cause for setting aside penalty proceedings, and that order was not challenged. Considering the entire facts, including the assessee's claim that the transaction was not exigible to tax as it arose from the sale of agricultural rural land, the Court deemed it appropriate to direct the revenue to re-examine the issue of tax exigibility. Consequently, the assessment order was set aside. The petitioner was directed to appear before the Assessing Officer on 23.10.2019 to justify his claim regarding the non-exigibility of tax.
The High Court of Punjab and Haryana at Chandigarh dismissed the appeal as withdrawn. The court granted the appellant-revenue the liberty to file an application for revival of the appeal, as prayed for. The reasoning behind the dismissal is solely based on the appellant-revenue's submission that the tax effect was below the prescribed monetary limit for filing appeals, as per the CBDT circulars. The court also noted that any pending civil miscellaneous applications (C.M.) related to the main appeal would stand disposed of. No specific findings on the merits of the case were made, and no ratio decidendi for future cases was established beyond the procedural aspect of withdrawal based on tax effect.
The High Court held that the acquisition of wooden crates and poly covers does not constitute a capital asset. The Court reasoned that the open plinth storage method, utilizing these items, is a process to protect food grains from weather. It was not found that these items last for 10 years or that the assessee's accounting policy was incorrect. The Court observed that such items typically last 3-4 years, as claimed by the assessee. Consequently, their acquisition would not provide enduring benefit to the assessee, a characteristic of capital assets. Therefore, the argument for treating them as capital assets for depreciation was rejected. The Court found that no substantial questions of law arose from the ITAT's order. The appeal was dismissed.
The High Court dismissed the appeal as withdrawn. The court granted the liberty prayed for by the appellant-revenue to file an application for revival of the appeal in case something survives therein. The court also noted that since the main case was dismissed, any pending C.M. application also stood disposed of. The ratio of this decision is that appeals can be withdrawn by the revenue based on monetary limits prescribed by CBDT circulars, with liberty to revive under specific circumstances.
The High Court allowed the application for condonation of delay of 3 days. Subsequently, the revenue's counsel stated they had instructions to withdraw the appeal due to the tax effect being below the monetary limit prescribed by CBDT Circulars. The Court then dismissed the appeal as withdrawn. Liberty was granted to the appellant-revenue to file an application for revival of the appeal in case something survives therein. The pending civil miscellaneous application, if any, was also disposed of as the main case was dismissed.
The High Court held that questions related to 'Advance Against Depreciation' and 'tariff adjustments' were covered by previous judgments in the assessee's favor. For the interest computation under Section 234B, the court upheld the assessee's contention that interest is to be computed at the time of filing the return.
The Tribunal decided to dismiss the appeal as withdrawn. The reasoning provided is that the Revenue's counsel, on instructions, stated that the tax effect was below the monetary limit prescribed by the CBDT circulars, which govern the filing and withdrawal of appeals. Consequently, the Revenue sought to withdraw the appeal. The Tribunal granted this request, dismissing the appeal as withdrawn. However, liberty was granted to the Revenue to file an application for revival of the appeal should circumstances warrant it. No specific issue was decided on merits, and no ratio decidendi for future cases on substantive tax law was established. The operative direction was the dismissal of the appeal with liberty to revive.
The High Court of Punjab and Haryana dismissed the appeal as withdrawn. The court granted liberty to the appellant-revenue to file an application for revival of the appeal, as prayed for by their counsel. The reasoning for the dismissal is based on the appellant-revenue's submission that the tax effect involved was below the monetary limit stipulated in the relevant CBDT circulars, which guided their decision to withdraw the appeal. The court also noted that since the main case was dismissed as withdrawn, any pending Civil Miscellaneous (C.M.) applications also stood disposed of. No specific issue was decided on merits, and no ratio decidendi for future cases was established beyond the procedural aspect of withdrawal based on tax effect limits.
The High Court of Punjab and Haryana at Chandigarh dismissed the appeal as withdrawn. The court granted the liberty as prayed for by the appellant-revenue to file an application for revival of the appeal in case something survives therein. The reasoning for the dismissal is solely based on the instructions from the revenue to withdraw the appeal due to the tax effect being below the prescribed monetary limit under the relevant CBDT circulars. The court also noted that pending C.M.s, if any, stood disposed of as the main case was dismissed as withdrawn. No specific issue was decided on merits.
The High Court decided to dismiss the appeal as withdrawn. The court granted the liberty as prayed for by the appellant-revenue to file an application for revival of the appeal in case something survives therein. The reasoning for withdrawal was based on the revenue's submission that the tax effect was below the monetary limit stipulated by the Central Board of Direct Taxes (CBDT) in its circulars. Since the main appeal was dismissed as withdrawn, any pending Civil Miscellaneous (C.M.) application also stood disposed of. The ratio decidendi is that appeals with a low tax effect, as defined by CBDT circulars, can be withdrawn by the revenue, with a possibility of revival under specific circumstances.
The High Court held that the appeals must fail. The Tribunal had considered Section 20 of the Punjab Infrastructure (Development and Regulation) Act, 2002, including sub-sections (2) and (4), and concluded that despite PIDB being described as a 'nodal agency', its subsequent actions and the provisions of the Act indicated it was acting on a principal-to-principal basis with the concessionaires. The Court found that a contrary stipulation in the concession agreement did not alter this essential characteristic. The Court also noted that accepting PIDB's argument would create an anomaly where the grantor (Government) and the collector of concession fee (PIDB) would be different, potentially leading to tax leakage. The Court confirmed the Tribunal's finding that the mere use of terms like 'nodal agency' or 'confirming party' did not determine the facts. The Court referenced a previous judgment in ITA No. 73 of 2016, which had acknowledged the possibility of PIDB acting on its own on a principal-to-principal basis.
The High Court of Punjab and Haryana at Chandigarh dismissed the appeal as withdrawn. The court granted the liberty as prayed for by the appellant-revenue to file an application for revival of the appeal, in case something survives therein. The court also noted that since the main case has been dismissed, any pending C.M. application, if any, also stands disposed of. The reasoning for the dismissal is solely based on the revenue's instruction to withdraw due to the tax effect being below the prescribed monetary limits in the relevant CBDT circulars. No decision on the merits of the case was made.
The High Court of Punjab and Haryana at Chandigarh dismissed the appeal as withdrawn. The court granted the liberty as prayed for by the appellant-revenue to file an application for revival of the appeal, in case something survives therein. The court also noted that since the main case has been dismissed, any pending C.M. application, if any, also stands disposed of. The reasoning for the dismissal is solely based on the revenue's instruction to withdraw due to the tax effect being below the prescribed monetary limits in the relevant CBDT circulars. No decision on the merits of the case was made.
The High Court dismissed the appeal as withdrawn. The court granted the liberty as prayed for by the revenue, allowing them to file an application for revival of the appeal if something survives therein. The reasoning for dismissal was based on the revenue's submission that the tax effect was below the monetary limit for appeals, as per the CBDT circulars. The court also noted that since the main case was dismissed, any pending C.M. application also stood disposed of. The ratio decidendi is that appeals can be withdrawn based on updated monetary limits for appeals, with potential for revival under specific conditions.
The High Court dismissed the appeal as withdrawn. The court granted the appellant-revenue the liberty to file an application for revival of the appeal, should something survive therein. The court also noted that since the main case was dismissed as withdrawn, any pending Civil Miscellaneous applications (C.M.) also stood disposed of. The decision was based on the revenue's submission regarding the low tax effect and their instruction to withdraw, aligning with the CBDT circulars on monetary limits for appeals. No specific findings on the merits of the original dispute were made.
The High Court decided to dismiss the appeal as withdrawn. The reasoning was based on the submission made by the learned counsel for the Appellant-Revenue, who stated that the tax effect involved was less than the monetary limit prescribed in CBDT Circular No. 3 of 2018, as amended by Circular No. 17 of 2019. Consequently, the Revenue had instructions to withdraw the appeal. The High Court granted the Revenue the liberty to file an application for revival of the appeal, should something survive therein. No specific issue was decided on merits.
The High Court dismissed the appeal as withdrawn. The court granted the liberty as prayed for by the appellant-revenue to file an application for revival of the appeal, should something survive therein. The reasoning for the dismissal was solely based on the appellant-revenue's submission that the tax effect was below the prescribed monetary limits for filing appeals, as per the relevant CBDT circulars. No decision was made on the merits of the original dispute. Any pending civil miscellaneous applications were also dismissed as a consequence of the main appeal being withdrawn.
The High Court dismissed the appeal as withdrawn. The court granted liberty to the appellant-revenue to file an application for revival of the appeal, as prayed for by their counsel. The reasoning for the dismissal was solely based on the appellant-revenue's submission regarding the tax effect being below the monetary limit prescribed by the CBDT circulars, and their instruction to withdraw the appeal. No decision was made on the merits of the case. Any pending civil miscellaneous applications were also disposed of as a consequence of the main appeal being dismissed.
The Tribunal dismissed the appeal as withdrawn. The dismissal was granted with the liberty prayed for by the revenue, allowing them to file an application for revival of the appeal if something survives therein. The Tribunal noted that since the main case was dismissed as withdrawn, any pending Civil Miscellaneous applications also stood dismissed. The reasoning for the dismissal was solely based on the revenue's instruction to withdraw due to the tax effect falling below the prescribed monetary limits, as per the cited CBDT circulars and letter. No finding on the merits of the original dispute was made.
The Tribunal decided to dismiss the appeal as withdrawn. The reasoning was based on the submission by the learned counsel for the appellant-revenue that the tax effect was below the prescribed monetary limits for filing appeals, as per CBDT Circular No. 3 of 2018 and Circular No. 17 of 2019. The revenue was granted liberty to file an application for revival of the appeal in case something survived therein. The operative direction was to dismiss the appeal as withdrawn with the liberty granted. No issue was expressly left undecided, as the appeal was disposed of on a procedural ground.
The High Court allowed the applications for condonation of delay, permitting the revenue to re-file and file the appeal after delays of 250 days and 30 days, respectively. Subsequently, the learned counsel for the appellant-revenue stated that due to the tax effect being less than the monetary limit prescribed in CBDT Circular No. 3 of 2018, as amended, they had instructions to withdraw the appeal. The court dismissed the appeal as withdrawn with the liberty prayed for by the revenue to file an application for revival of the appeal if circumstances warranted. Any pending applications were also disposed of as the main case was dismissed.
The High Court allowed the applications for condonation of delay in filing and re-filing the appeal. Subsequently, the learned counsel for the appellant-revenue stated that due to the tax effect being below the monetary limit prescribed by CBDT Circular No. 3 of 2018, amended by Circular No. 17 of 2019, they had instructions to withdraw the appeal. The Court dismissed the appeal as withdrawn with the liberty prayed for by the revenue to file an application for revival of the appeal in case something survives. Any pending applications were also disposed of as the main case was dismissed.
The High Court dismissed the appeal filed by the Revenue. The Court noted that in an identical matter involving a similar question of law, it had already taken a decision against the Revenue in the case of Principal Commissioner of Income Tax-1, Chandigarh Versus M/s Vardhman Chemtech Private Limited, Chandigarh, decided on 28.08.2018 (ITA No. 322 of 2016). Therefore, the present appeal was dismissed in the same terms. The ratio decidendi is that if a similar issue has been decided against the Revenue, subsequent appeals on identical grounds will also be dismissed. The operative direction was the dismissal of the appeal.
The High Court dismissed the appeal as withdrawn. The reasoning provided is solely based on the appellant-revenue's submission that the tax effect involved was below the monetary limit stipulated by the Central Board of Direct Taxes (CBDT) Circulars. The court granted the revenue the liberty to file an application for revival of the appeal, should something survive therein. No decision was made on the merits of the case. Any pending C.M. application, if any, was also disposed of as the main case was dismissed. The ratio decidendi is that appeals with a tax effect below the prescribed monetary limits, as per CBDT circulars, can be withdrawn by the revenue, with potential liberty for revival.
The High Court first allowed the application for restoration of ITA No. 8519 of 2018, which had been dismissed for non-prosecution. Subsequently, the Revenue's counsel stated that they had instructions to withdraw the appeal due to the tax effect being below the prescribed monetary limits as per CBDT Circulars. The Court then dismissed the appeal as withdrawn. Liberty was granted to the appellant-revenue to file an application for revival of the appeal if something survives therein. Any pending civil miscellaneous applications related to the main case were also disposed of.
The High Court dismissed the appeal as withdrawn. The court granted the liberty as prayed for by the appellant-revenue to file an application for revival of the appeal in case something survives therein. The court also noted that since the main case was dismissed, any pending application, if any, also stood disposed of. The reasoning for the dismissal is solely based on the revenue's submission regarding the low tax effect and its decision to withdraw the appeal in light of the CBDT circulars. No decision on the merits of the case was made.
The High Court dismissed the appeal as withdrawn. The court granted the liberty as prayed for by the revenue, allowing them to file an application for revival of the appeal if something survives therein. The reasoning for dismissal was based on the revenue's submission that the tax effect was below the prescribed monetary limit, making further litigation unnecessary as per the CBDT circulars. The ratio decidendi is that appeals with a low tax effect, as defined by CBDT circulars, can be withdrawn by the revenue with liberty to revive, subject to specific conditions. Since the main appeal was dismissed, any pending application related to the appeal was also disposed of.
The High Court decided to dismiss the appeal as withdrawn. The court granted the liberty sought by the appellant-revenue to file an application for revival of the appeal, should any aspect of the matter survive. The reasoning for dismissal was based on the revenue's submission regarding the low tax effect, which made the appeal non-maintainable under the prevailing CBDT circulars. Since the main appeal was dismissed, any pending applications related to the appeal were also disposed of.
The High Court dismissed the appeal as withdrawn. The reasoning provided is that the learned counsel for the appellant-revenue stated that the tax effect involved was below the monetary limit prescribed by the CBDT circulars. The court granted liberty to the appellant-revenue to file an application for revival of the appeal if something survives therein. The pending application, if any, was also disposed of as the main case was dismissed. The operative direction was to dismiss the appeal as withdrawn with liberty as prayed for.
The High Court dismissed the appeal as withdrawn. The reasoning was based on the appellant-revenue's submission that the tax effect was below the prescribed monetary limit for filing appeals, as per the relevant CBDT circulars. The revenue was granted liberty to file an application for revival of the appeal if circumstances warranted it. The operative direction was to dismiss the appeal as withdrawn with the liberty granted. Any pending applications were also disposed of as a consequence of the main appeal being dismissed.
The High Court dismissed the appeal as withdrawn. The court granted the liberty sought by the appellant-revenue to file an application for revival of the appeal, should something survive therein. The reasoning for dismissal was solely based on the revenue's instruction to withdraw due to the tax effect being below the monetary limits stipulated in the CBDT circulars. The court also noted that any pending applications, if any, stood disposed of as the main case was dismissed. No substantive legal issues were decided.
The High Court dismissed the appeal as withdrawn. The court granted the liberty as prayed for by the revenue, allowing it to file an application for revival of the appeal. The reasoning for dismissal was solely based on the revenue's submission regarding the low tax effect and its desire to withdraw the appeal in accordance with CBDT circulars. The court also noted that since the main case was dismissed, any pending applications would also stand disposed of. The specific grounds for the original appeal or the merits of the case were not considered or decided. The ratio decidendi is that appeals below a certain tax threshold, as per CBDT guidelines, can be withdrawn by the revenue with liberty to revive.
The High Court dismissed the appeal as withdrawn. The court granted the appellant-revenue the liberty to file an application for revival of the appeal, should any aspect of the matter survive. The court also noted that any pending applications related to the main appeal would stand disposed of as a consequence of the dismissal of the main case. The reasoning for the dismissal was solely based on the revenue's instruction to withdraw due to the low tax effect, as per the cited circulars and letter. No finding was made on the merits of the original dispute.
The High Court of Punjab and Haryana dismissed the Income Tax References (ITR) Nos. 185 and 186 of 1999 as withdrawn. The court granted the petitioner-revenue the liberty to file an application for revival of the references, should any aspect of the matter survive. The court also noted that since the main references were disposed of, any pending Civil Miscellaneous (C.M.) Applications related to these references also stood disposed of. The decision was based on the revenue's submission regarding the tax effect falling below the monetary limit stipulated in the CBDT circulars.
The High Court dismissed the appeal as withdrawn. The Court granted the appellant-revenue the liberty to file an application for revival of the appeal if something survives therein. This decision was based on the revenue's submission that the tax effect was below the prescribed monetary limit for filing appeals, as per the relevant CBDT circulars. The Court noted that since the main appeal was dismissed, any pending applications also stood disposed of. No finding was given on the merits of the original dispute.
The High Court dismissed the appeal, upholding the Tribunal's decision. The Tribunal found it highly unusual that Chiman Lal would keep his entire savings in cash. Furthermore, the court found it strange that if Chiman Lal decided to start using his bank account on 16.5.2013, he did not deposit his entire savings, retaining Rs. 2,40,000/- in cash. The court noted that Chiman Lal was admittedly not an income tax assessee, suggesting he was not a wealthy individual but barely able to make ends meet. The court distinguished the case relied upon by the assessee, Commissioner of Income Tax versus Deen Dayal Choudhary (2017), as the lenders in that case were income tax assessees who could prove the infusion of funds in their banks. The ratio decidendi is that the circumstances surrounding the alleged lender's financial capacity and the nature of the transactions must be scrutinized to determine if the onus under Section 68 has been discharged, and in this case, the circumstances did not satisfy the court.
The High Court decided to dismiss the appeal as withdrawn. The reasoning was based on the submission by the revenue's counsel that the tax effect was below the prescribed monetary limits for filing appeals, as per the relevant CBDT circulars. The court granted the liberty as prayed for by the revenue to file an application for revival of the appeal in case something survives therein. The pending Civil Miscellaneous Application, if any, was also disposed of as the main case was dismissed. No issue was expressly left undecided.
The High Court dismissed the appeal as withdrawn. The court granted liberty to the appellant-revenue to file an application for revival of the appeal, as prayed for by their counsel. The reasoning was based on the revenue's instruction to withdraw due to the low tax effect, aligning with the CBDT circulars. The principle is that appeals can be withdrawn under such circumstances, with potential for revival. Any pending Civil Miscellaneous Application was also disposed of as the main case was dismissed.
The High Court disposed of both petitions. The Court directed the competent authority to take a decision on any application filed by the petitioners for compounding of the offences. The learned trial court was requested to adjourn the case for a period of one month. The judgment does not explicitly state a finding on whether the criminal complaints were liable to be quashed, but rather facilitates a procedural step towards potential resolution through compounding. The principle derived is that courts may facilitate the process of compounding of offences under the Income Tax Act by directing authorities to consider applications within a stipulated timeframe, especially when no objection is raised by the revenue.
The High Court dismissed the appeal as withdrawn. The reasoning was based on the appellant-revenue's submission that the tax effect was below the monetary limit stipulated in the relevant CBDT circulars, which guided the decision to withdraw the appeal. The Court granted the liberty as prayed for by the revenue, allowing them to file an application for revival of the appeal should circumstances warrant it. The operative direction was the dismissal of the appeal as withdrawn, with the specified liberty. Any pending C.M. Application was also disposed of as a consequence of the main case being dismissed.
The High Court of Punjab and Haryana dismissed the appeal as withdrawn. The court granted the liberty prayed for by the appellant-revenue to file an application for revival of the appeal in case something survives therein. The court also noted that since the main case was dismissed, any pending C.M. Application also stood disposed of. The decision is based solely on the revenue's request to withdraw due to the tax effect being below the prescribed monetary limit, as per CBDT circulars. No decision on the merits of the case was made.
The High Court dismissed the appeal as withdrawn. The court granted the liberty as prayed for by the appellant-revenue, allowing them to file an application for revival of the appeal should circumstances change. The court noted that since the main case was dismissed, any pending C.M. application also stood disposed of. The reasoning for the dismissal was solely based on the revenue's request to withdraw the appeal due to the tax effect falling below the prescribed monetary limits, as per the cited CBDT circulars. No decision on the merits of the original dispute was made. The ratio decidendi is that appeals can be withdrawn by the revenue under specific conditions related to tax effect and monetary limits, with potential for revival.
The High Court decided to dismiss the appeal as withdrawn. The reasoning was based on the submission made by the learned counsel for the appellant-revenue. The revenue stated that the tax effect involved was less than the monetary limit prescribed by the Central Board of Direct Taxes (CBDT) in its Circular No. 3 of 2018, as amended by Circular No. 17 of 2019 and further clarified by Letter No. F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019. Consequently, the revenue had instructions to withdraw the appeal. The court granted the liberty as prayed for by the revenue to file an application for revival of the appeal in case something survived therein. The pending C.M. application, if any, was also disposed of as the main case was dismissed.
The High Court of Punjab and Haryana at Chandigarh dismissed the appeal as withdrawn. The court granted the appellant-revenue the liberty to file an application for revival of the appeal, as prayed for. The reasoning for dismissal was solely based on the revenue's submission regarding the tax effect falling below the prescribed monetary limits for filing appeals, as per the cited CBDT circulars and letter. The court also noted that since the main case was dismissed, any pending civil miscellaneous application stood disposed of. No decision was made on the merits of the original dispute.
The High Court dismissed the appeal as withdrawn. The dismissal was granted with the liberty prayed for by the appellant-revenue to file an application for revival of the appeal, in case something survives therein. The Court noted that the tax effect was below the monetary limit prescribed by the relevant CBDT circulars. Since the main appeal was dismissed, any pending Civil Miscellaneous Application was also disposed of.