Principal Commissioner of Income-tax, Faridabad v. Knorr Bremse India Pvt. Ltd - 2019-LL-0826-86

Citation	2019-LL-0826-86
Appellant Name	Principal Commissioner of Income-tax, Faridabad
Respondent Name	Knorr Bremse India Pvt. Ltd.
Court	HIGH COURT OF PUNJAB & HARYANA
Relevant Act	Income-tax
Date of Order	26/08/2019
Judgment	View Judgment
Keyword Tags	condonation of delay • tax effect
Bot Summary:	AJAY TEWARI, J. CM No. 1159-CII of 2018 This is an application under Section 260A of the Income Tax Act read with Section 5 of Limitation Act, 1963 seeking condonation of delay of 289 days in filing the present appeal. For the reasons stated in the application, the same is allowed. ITA No. 9 of 2018 Learned counsel for the appellant-revenue has very fairly stated that since the tax effect involved is less than Rs. One crore, he has instructions to withdraw the present appeal in view of Circular dated 17/2019 dated 08.08.2019 issued by the Central Board of Direct Taxes, New Delhi. He has prayed that liberty be granted to revenue to file an 1 of 2 ::: Downloaded on - 31-08-2019 10:45:11 ::: CM No. 1159-CII of 2018 in/and ...2... ITA No. 9 of 2018 application for revival of the appeal in case something survives therein. Further the legal issue as claimed by the revenue is being left open to be adjudicated in an appropriate case.

IN HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No. 1159-CII of 2018 in/and ITA No. 9 of 2018 (O&M) Date of Decision: 26.8.2019 Principal Commissioner of Income Tax, Faridabad Appellant Vs. M/s Knorr Bremse India Pvt. Ltd. Respondent CORAM: HON BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE HARNARESH SINGH GILL Present: Mr. Tajender K. Joshi, Senior Standing Counsel for appellant. AJAY TEWARI, J. (ORAL) CM No. 1159-CII of 2018 This is application under Section 260A (2A) of Income Tax Act read with Section 5 of Limitation Act, 1963 seeking condonation of delay of 289 days in filing present appeal. For reasons stated in application, same is allowed. Delay of 289 days in filing appeal is condoned. ITA No. 9 of 2018 (O&M) Learned counsel for appellant-revenue has very fairly stated that since tax effect involved is less than Rs. One crore, he has instructions to withdraw present appeal in view of Circular dated 17/2019 dated 08.08.2019 issued by Central Board of Direct Taxes, New Delhi. However, he has prayed that liberty be granted to revenue to file 1 of 2 ::: Downloaded on - 31-08-2019 10:45:11 ::: CM No. 1159-CII of 2018 in/and ...2... ITA No. 9 of 2018 (O&M) application for revival of appeal in case something survives therein. Dismissed as withdrawn with liberty as prayed for. Further legal issue as claimed by revenue is being left open to be adjudicated in appropriate case. (AJAY TEWARI) JUDGE (HARNARESH SINGH GILL) August 26, 2019 JUDGE Gurpreet Whether speaking /reasoned : Yes Whether Reportable : No 2 of 2 Principal Commissioner of Income-tax, Faridabad v. Knorr Bremse India Pvt. Ltd

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