Pr. Commissioner of Income-tax-2, Chandigarh v. Punjab Genco Limited
[Citation -2019-LL-0903-37]

Citation 2019-LL-0903-37
Appellant Name Pr. Commissioner of Income-tax-2, Chandigarh
Respondent Name Punjab Genco Limited
Court HIGH COURT OF PUNJAB & HARYANA
Relevant Act Income-tax
Date of Order 03/09/2019
Judgment View Judgment
Keyword Tags tax effect • condonation of delay • withdrawal of appeal
Bot Summary: AJAY TEWARI, J. CM-23703-CII-2018 For the reasons recorded, the application is allowed. Delay of 33 days in refiling the appeal is condoned. Main Case Learned counsel for the appellant-Revenue has very fairly stated that since the tax effect involved is less than Rs.1 crore. He has instruction to withdraw the present appeal in view of the circular dated 17/2019 dated 8.8.2019 issued by the Central Board of Direct Taxes, New Delhi. He has prayed that liberty be granted to Revenue to file an 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. Since the main case has been dismissed as withdrawn, the pending C.M, if any also stands dismissed.


IN HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 109 ITA-393-2018 (O&M) Date of decision :3.9.2019 Pr. Commissioner of Income Tax-2, Chandigarh ...... Appellant versus M/s Punjab Genco Limited ...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MR.JUSTICE HARNARESH SINGH GILL Present : Mr. Vivek Sethi, Advocate for appellant. *** AJAY TEWARI, J. (Oral) CM-23703-CII-2018 For reasons recorded, application is allowed. Delay of 33 days in refiling appeal is condoned. Main Case Learned counsel for appellant-Revenue has very fairly stated that since tax effect involved is less than Rs.1 crore. He has instruction to withdraw present appeal in view of circular dated 17/2019 dated 8.8.2019 issued by Central Board of Direct Taxes, New Delhi. However, he has prayed that liberty be granted to Revenue to file application for revival of appeal in case something survives therein. 1 of 2 ::: Downloaded on - 05-09-2019 11:29:01 ::: ITA-393-2018 (O&M) -2- Dismissed as withdrawn with liberty as prayed for. Further,the legal issue as claimed by Revenue is being left open to be adjudicated in appropriate case. Since main case has been dismissed as withdrawn, pending C.M, if any also stands dismissed. (AJAY TEWARI) JUDGE (HARNARESH SINGH GILL) JUDGE 3.9.2019 anuradha Whether speaking/reasoned Yes/No Whether Reportable : Yes/No 2 of 2 ::: Downloaded on - 05-09-2019 11:29:02 ::: Pr. Commissioner of Income-tax-2, Chandigarh v. Punjab Genco Limited
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