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Showing 81 to 100 of 1685 Records
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2020 (1) TMI 1605 - PUNJAB AND HARYANA HIGH COURT
Dishonor of Cheque - request of the petitioner for examining Handwriting Expert, declined - tampering with the cheque - contention of the petitioner is to the effect that digit '1' had been written before the figure 15,000/- so as to make it Rs. 1,15,000/- - Section 138 of NI Act - HELD THAT:- In any case, although the science pertaining to finger print examination is developed to a great extent and is reliable and to a great extent the science of handwriting comparison is also developed but as far as the science of age of ink is concerned, the same is not so developed so as to make the same the basis for reaching at any finding by the judicial Courts. It is virtually nigh impossible for a document expert to opine definitely as to when the ink as existing on the document was used on the disputed document because another relevant question that would crop up so as to raise doubts about such opinion would be as to the actual age of ink i.e as to when the ink in question was manufactured.
This Court in SUDARSHAN KUMAR VERSUS MANISH MANCHANDA [2015 (5) TMI 1240 - PUNJAB AND HARYANA HIGH COURT], wherein an accused, facing trial in a complaint under Section 138 of the Negotiable Instruments Act, 1881 had moved an application at the stage of the defence evidence, for sending the cheques in question to the Director Forensic Laboratory for the purpose of determining the age of the writing in the body of the cheque and his application had been dismissed, upheld the order of dismissal.
This Court does not find any infirmity in the impugned order and the same is hereby affirmed - Petition dismissed.
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2020 (1) TMI 1604 - ITAT DELHI
TP Adjustment - Comparables for distribution segment of the assessee company - HELD THAT:- Comparable as functionally different with that of assessee and with high turnover need to be deselected.
Adjustment of interest on receivables - Since the facts of the impugned assessment year are identical to the facts of the case decided by the Tribunal in assessee’s own case for A.Ys 2005-06 and 2014-15 therefore, respectfully following the same, we hold that if working capital adjustment is to be given, then, it subsumes the impact of outstanding receivables and payments by the assessee and, therefore, in the light of the ratio of the decision of the Hon’ble Delhi High Court in Kusum Healthcase Pvt. Ltd. [2017 (4) TMI 1254 - DELHI HIGH COURT], no adjustment is warranted on account of interest on receivables.
Working capital adjustment - Respectfully following the decision of the Tribunal in assessee’s own case for A.Y. 2012-13 [2019 (1) TMI 636 - ITAT DELHI] we direct the AO/TPO to allow working capital adjustment to the assessee while working out the ALP of the international transaction.
Appeal filed by the assessee is allowed.
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2020 (1) TMI 1603 - NATIONAL COMPANY LAW TRIBUNAL CUTTACK BENCH
Admission of claims of the applicant - rejection of Resolution Plan approved by the Committee of Creditors - direct modification of the Resolution Plan for approval in accordance with law - HELD THAT:- There is no violation or contravention of the Insolvency and Bankruptcy Code, 2016 and Regulation. The respondent has categorically stated that the claim which has been rejected is that of the interest from the commencement of the Corporate Insolvency Resolution Process till the submission of the claim, in other words it was during the moratorium period. In both the applications and in the written submission as well or oral submission, the Counsel for the applicant did not clarify this point.
There is no basis for this application, when the larger part of the claim has been accepted, litigations are also pending, it is not appropriate on the part of the applicant to file an application for rejection of the Resolution Plan. The treatment to the applicant and other Operational Creditors are in no way different. All the Operational Creditors shall stand at the same footing as per the waterfall mechanism under Section 53 of the Insolvency and Bankruptcy Code, 2016. There is no valid reason to reject the Resolution Plan. The Committee of Creditors has considered all the points. The Corporate Debtor is an "ongoing concern". The Committee of Creditors has taken into consideration the interest of all the stakeholders.
Application dismissed.
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2020 (1) TMI 1602 - DELHI HIGH COURT
Refund of IGST and MEIS - error in few shipping bills - HELD THAT:- The respondents are directed to ensure that the refund claims of the petitioner are processed and paid within four weeks, unless it is found that the same are not payable for any reason. The payment shall be made with interest as per law.
However, if the respondents wish to contest any part of the petitioner’s refund claim, they shall file the counter-affidavit within four weeks. Mr. Ahluwalia, who appears on behalf of respondent No. 7, states that so far as the petitioner’s claim for MEIS benefit on exports from DGFT is concerned, the said respondents would forthwith process petitioner’s claim in respect whereof the shipping bills have been successfully uploaded, as indicated in the extract from the e-mail dated 23.01.2020 tendered by Ms. Sonu Bhatnagar in Court.
The respondent No. 7 are directed to process the claims manually in respect of such bills that have not been uploaded - List on 26.02.2020.
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2020 (1) TMI 1601 - SUPREME COURT
Appellate authority for deciding the appeals filed after repeal of FERA against the order passed under Section 51 of FERA - Appellate forum for deciding the appeals arising out of the order passed under Section 51 of FERA - HELD THAT:- Learned Counsel for the parties are ad idem on the aspect that the issue is no more res integra in view of the judgment in Union of India v. Premier Ltd. [2019 (1) TMI 1502 - SUPREME COURT] which has answered the question in favour of the appellant before us by opining that the appellate forum for deciding the appeals arising out of the order passed under Section 51 of FERA whether filed prior to 1-6-2000 or filed after 1-6-2000 must be the same i.e. Appellate Tribunal under FEMA.
The impugned order is set aside and the appeal is restored to the Tribunal.
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2020 (1) TMI 1600 - SC ORDER
Classification of imported goods - waste and scrap of lead in powder form - appellant has a serious grievance of fact that their submissions have not been dealt with and that the appeal was disposed of by the Tribunal before the stipulated period for filing cross objections had come to an end - HELD THAT:- The appeal is accordingly disposed of.
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2020 (1) TMI 1599 - SUPREME COURT
Punishment of dismissal of the Respondent from service and reduction of the ranks apart from sentencing him to rigorous imprisonment for three months - HELD THAT:- The evidences are examined to satisfy as to whether there is any iota of evidence against the Respondent. It appears from the evidence that Corporal G.S. Mani was actively involved in the transportation of diesel barrels and loading and of loading in the civil area. Curiously no action was taken against Corporal G.S. Mani. There is no evidence on record to connect the Respondent to the offence of illegal transportation of POL. Though we are not in agreement with the Tribunal on the other issues, in view of lack of any evidence against the Respondent, we are inclined to uphold the judgment of the Tribunal.
Appeal dismissed.
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2020 (1) TMI 1598 - APPELLATE AUTHORITY FOR ADVANCE RULING, MADHYA PRADESH
Exemption from GST - consideration received by the school from the participant school(s) for participation of their students and staff in the conference - exempted under entry No. 66 or entry No. 1 or entry or No. 80 or any other entry of the Notification No. 12 /2017- Central Tax (Rate) or will be chargeable to GST under CGST Act, 2017 & MPGST Act, 2017 or IGST Act, 2017? - appropriate category of the service and the appropriate Tax Rate? - Whether exemption provided to service providers of catering, security, cleaning, housekeeping, transportation etc. to an educational institution up to higher secondary be available to the Service Providers of the Appellant for services related to such conference? - eligibility of ITC of all the input services availed.
HELD THAT:- The fundamental objection of the appellant is that the Applicant before the Authority of Advance Ruling was “Emerald Heights School Samiti” whereas the AAR has passed order in the name of “Emerald Heights School”. The appellant has stated that the service provider here is an entity registered under section 12AA of Income Tax Act, 1961, the non- consideration of such status has led to vitiated interpretation (s) of exemption (s) by ARA (the correct word here is AAR instead of ARA) - The appellant school organised a Conference (Programme) for its students & staff and students & staff of other Schools to develop amongst the students the cultural understanding, sensitise them to the community they are visiting, forge friendships, carry out social service and develop mind, body and soul through a range of culturally immersive experiences including local expeditions, sporting activities, and mindful practices, most especially a daily programme of yoga.
The fundamental reason of rejection of application by AAR was that Applicant himself being the “school” is not registered as a Charitable institution under Section 12AA of the Income Tax Act' 1961 but as has been illustrated that “The Emerald Heights International School” is not the applicant. Applicant in this case, as is evident from the Application filed before AAR and Appeal filed before AAAR, is “Emerald Heights School Samiti” which owns and runs The Emerald Heights International School. This “Samiti” is registered as a Charitable institution under Section 12AA of the Income Tax Act' 1961 - It is quite common that Charitable Institutions own and run educational institutions and the benefits of GST accrue to these institutions. This had been the concept and practice during Service Tax Regime. The same has been duly explained by CBIC in its “e-version of GST Flyers at chapter number 39 of 51 chapters.
Here the entry in schedule says training or coaching in recreational activities. Training and coaching services are to be provided in recreational activities. This recreational activity or activities should be related to “Arts or Culture or Sports”. The word “relating to” expands the scope of entry far wide. Any activity which is related to training or coaching is also covered under exemption entry. Thus it is crystal clear that the services provided by way of this conference are training and coaching relating to art &culture and the services are provided by a Charitable Entity Registered under section 12AA of Income Tax Act. Question “b” is automatically now irrelevant.
Supply of services by other service providers to applicant / appellant - HELD THAT:- Section 95 defines the range of questions to be raised by Authority as “in relation to the supply of goods or services or both being undertaken or proposed to be undertaken by the applicant”, thus, it is beyond the authority of AAR and hence that of AAAR.
Input Tax Credit - HELD THAT:- Since the output supply is held to be exempt hence as per section 17 (2) there would be no eligibility of ITC to the appellant.
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2020 (1) TMI 1597 - APPELLATE AUTHORITY FOR ADVANCE RULING, MADHYA PRADESH
Input Tax Credit - GST paid on goods purchased for the purpose of maintenance such as Vitrified Tiles, Marble, Granite, ACP Sheet, Steel Plates, TMT Tor (Saria), Bricks, Cement, Paint, Chemicals, Sanitary items like wash basin, urinal pots and toilets accessories - GST paid on Work contract service received from registered & unregistered Contractor for Maintenance Contract of building - HELD THAT:- The goods are being purchased by the appellant for the maintenance of building which is housing his Mall, Theatre, Food Court and a retail apparel store. This transaction falls under clause (d) which stipulates that goods or services or both received by a taxable person for construction of an immovable property on his own account would be ineligible for ITC claim. The word “construction” has been explained by explanation appended to clause (c) and clause (d). As per explanation construction includes “re-construction, renovation, additions or alterations or repairs”. The word repair simply means “to restore (something damaged, faulty, or worn) to a good condition - A building which has become old would certainly require inward supply of goods such as vitrified tiles, Marble, Granite, ACT sheets, Steel Plates, TMT Tor, bricks, Cement, Paint, Chemicals and other sanitary items like Urinal Pots, Wash Basins and Toilet accessories for restoring it to a usable condition. These purchases are being made in own account for repair of building which is immovable property. Where this repair work is carried out by registered or unregistered suppliers by providing services it would qualify for work contract services.
“Capital Goods” have been defined in clause (19) of section 2. It says, “capital goods means goods, the value of which is capitalised in the books of account of the person claiming the input tax credit and which are used or intended to be used in the course or furtherance of business.” It simply means that classification of any goods as capital goods would be dependent / at the sweet will of a taxpayer on making entry in his books of accounts. If the value of goods has been capitalised, it would become capital goods and if it is not capitalised, it would not become capital goods - it is entirely at the discretion of a taxpayer to treat these expenses either as Revenue or as Capital Expenditure. Capitalisation or Non-capitalisation of these expenses is certainly not a permanent indelible mark in the account books. These accounting entries may be modified, altered or deleted as per prevailing/ changing contingencies. These entries are not Static but dynamic.
Sub-section (2) of section 103 states as “The advance ruling referred to in sub-section (1) shall be binding unless the law, facts or circumstances supporting the original advance ruling have changed.” In situations where a taxpayer or appellant alters or modifies the accounting entry, his eligibility to claim ITC also changes.
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2020 (1) TMI 1596 - APPELLATE AUTHORITY FOR ADVANCE RULING, MADHYA PRADESH
Levy of GST - services received by it from a provider of service located in a non-taxable territory - reverse charge mechanism - supplier or not - applicability of provision of sec 5(3) read along with notification No. 10/2017 IGST(Rate) dated 28.06.2017 - HELD THAT:- The services provided by ITEES to DoSD, Govt of MP have already been accepted by appellant and held as falling under reverse charge as per section 5 (3) of IGST Act, 2017 read with notification 10 IGST (Rate) dated 28.06.2017. These services are found awfully close to entry XVIII of Eleventh Schedule of Constitution of India. While reading the relevant entry in the notification it is found that it also covers “by way of any activity in relation to any function”. This phrase enlarges the scope of every entry to a very wide degree. The services being provided by ITEES may not be directly that of entry XVIII of Eleventh Schedule but when we delve deeper and resort to “in relation to” the function entrusted to a Panchayat under article 243G of Constitution of India, it attains the status which fits very properly. The entry requires the services to qualify either 243G or 243W. 243W being relevant for Municipality. Thus, the services provided by ITEES to DoSD are held to find favour with entry 3 of notification 9/2017 IGST (Rte) dated 28.06.2017 and thereby are held to be exempt from GST.
As the appellant has been adjudged falling under reverse charge provisions as per section 5 (3) of the IGST Act, 2017 the second leg of this sub-section also comes into play. It says that once liability of reverse charge is imposed, all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both. This provision makes the appellant a supplier.
Thus, it is a case of no supply as per notification 11/2017 IGST (Rate) dated 28.06.2017.
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2020 (1) TMI 1595 - APPELLATE AUTHORITY FOR ADVANCE RULING, MADHYA PRADESH
Scope of Advance Ruling application - Classification of goods - flavored milk - taxable at the rate of 5% under schedule IV of the CGST Act or otherwise? - HELD THAT:- First proviso to section 98(2) stipulates, 'provided that the authority shall not admit the application where the question raised in the application is already pending or decided in any proceedings in case of an applicant under any of provisions of this Act.'
There are no hesitation in concluding that the instant application is not maintainable in as much as it is hit by the provisions contained in first proviso to section 98(2) of the Act. Accordingly, without going into the merits of the case, the application deserves to be rejected as not admissible in terms of first proviso to section 98(2) of the Act.
Appeal dismissed.
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2020 (1) TMI 1594 - BOMBAY HIGH COURT
TDS u/s 194H - sale of SIM cards/recharge coupons at discounted rate to the distributors was not commission - HELD THAT:- Tribunal noted the observations of the Assessing Officer that the discount allowed to the distributors by the Respondent – assessee company is on account of principal to principal relationship and not that of principal to agent. The Tribunal followed the decision in the case of Bharati Airtel Ltd. [2014 (12) TMI 642 - KARNATAKA HIGH COURT] and held that the sale of SIM cards/recharge coupons at discounted rate to the distributors was not commission and not liable for deduction of TDS under Section 194H. No substantial question of law.
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2020 (1) TMI 1593 - NATIONAL COMPANY LAW TRIBUNAL, NEW DELHI
Maintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - HELD THAT:- Considering the documents on records and submissions of counsels, it manifests that the corporate debtor has raised a pre-existing dispute as stated in its reply by sending debit notes which were sent to the applicant much prior to issue of the Section 8 notice.
A conclusion can be drawn that there is ‘Preexistence dispute’ which was raised by the corporate debtor, much prior to the notice served under section 8 of the Code - the claim of applicant is not proved beyond doubt and the applicant cannot be considered for admission - Application dismissed.
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2020 (1) TMI 1592 - NATIONAL COMPANY LAW TRIBUNAL, MUMBAI
Maintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Financial Creditors - existence of debt and dispute or not - time limitation - HELD THAT:- The Corporate Debtor does not deny that there was a financial debt and that there was default. However, contends that there is no financial debt due and payable on the date of filing of application as the same is barred by limitation. The Corporate Debtor has also placed on record the OTS Agreement, dated 27.03.2018 whereby it says that the contract was novated. The contention of the Corporate Debtor, that the OTS was executed in entirety or defaulted need not be answered as the same has not been brought on record by the Applicant, is untenable. The Corporate Debtor cannot blow hot and cold at the same time - It is to be borne in mind that One time Settlement Agreements are just an opportunity to settle the liabilities at once, however, if there is a default in adhering to the terms of the One time settlement, the Corporate Debtor would be liable to repay the entire contractual dues.
The contention of Corporate Debtor that the Applicant has suppressed material facts, and these orders not being placed on record by the Applicant and the date of default as per the application being 2013 the application is barred by limitation is incorrect for the reason that the Corporate Debtor cannot be allowed to take benefit of an inadvertent and bonafide mistake of the Applicant, which does not cause prejudice to the proceeding. The material facts so not placed on record by the Applicant in fact, support the case of the Applicant. The Application is well within the period of limitation as the last payment made was by virtue of order passed by the Debts Recovery Tribunal, Pune - It is seen that the Applicant has initiated proceedings before Dristrict Magistrate and The Debts Recovery Tribunal within the period of limitation and by virtue of orders passed in these proceedings, deposits have been made in the loan accounts in 2018. The Application is well within the period of limitation.
It is established that the Corporate Debtor owes financial debt above a sum of ₹1,00,000/- and the default is established on perusal of the Commercial Credit Information Report of the Corporate Debtor and the Balance Sheet.
In the facts of the instant Application, amount of default being above a sum of Rupees One Lakh and the Application having filed on proper form, this Application deserves to be admitted - application admitted - moratorium declared.
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2020 (1) TMI 1591 - ITAT MUMBAI
TP Adjustment - adjustment on account of AMP expenses in manufacturing segment - HELD THAT:- ITAT has decided the issue in favour of the assessee as in assessee own case [2019 (3) TMI 459 - ITAT MUMBAI] wherein held revenue had failed to discharge the onus that was cast upon it as regards proving that there was any 'understanding' or an 'arrangement' or 'action in concert' as per which the assessee had agreed for incurring of AMP expenses for brand building of its AE, viz. L’Oreal S.A., France, the TP adjustment in respect of AMP expenses cannot be sustained and is liable to be vacated.
AMP adjustment of distribution segment of international transaction of import of finished goods - The aforesaid adjustment was carried out by the TPO as per the adjusted RPM in order to align the functions, assets and risks profile of the assessee with that of the comparable companies. As the revenue had failed to establish the existence of any 'understanding' or an 'arrangement' or 'action in concert' as per which the assessee had agreed for incurring of AMP expenses for brand building of its AE, viz. L‘Oreal S.A., France, therefore, the AMP expenses incurred by the assessee had been held by us as not having been incurred by the assessee for brand building of its AE. Accordingly, as no part of the AMP expenses are attributable to rendering of any DEMPE functions for the brands owned by the AE, therefore, the TP adjustment made by the TPO in respect of the distribution segment of the assessee on account of alleged differences in intensity of AMP functions performed by the assessee vis-a-vis the comparable companies in order to align the functions, assets and risks profile of the assessee with that of the comparable companies, cannot be sustained and are liable to be vacated.
Alternative adjustment on the manufacturing segment - international transaction on account of payment for availing of marketing support services to AEs - In this case the emails provided by the assessee are not supported any with documentary evidence such as cost allocation sheet, confirmation from parties and the assessee has not demonstrated the benefit provided by the AE from the services.
Accordingly, the ALP is taken at NIL and the arm’s length value of payment made towards availing the said consulting services is considered as NIL. However, it is important to note that the said services are forming part of the AMP adjustment done by the undersigned above. Accordingly, it would only be fair to consider this adjustment as an alternative adjustment and to be considered only if the primary adjustment of AMP spend is not upheld by the appellate authorities.
Benefit aspect u/s. 37(1) - As per TPO has not examined whether the method adopted by the assessee to determine the ALP is correct or not but instead concluded that the payment are excessive - We note that the reference to the excessive nature/benefit derived by the assessee by the TPO is not at all sustainable in the light of Hon'ble Jurisdictional High Court decision in the case of Lever India Exports Ltd. (supra). In the said decision it was expounded by Hon'ble Jurisdictional High Court that it is not for the TPO to apply benefit test. Hence, this limb of TPO’s reasoning is not sustainable. Further it is clear that the assessee has submitted enormous additional evidence before the DRP and they have been remanded to the TPO also. The TPO has not made any adverse comment rather he has again reiterated that expenses are excessive and has justification aspect in third party situation. In other words, TPO’s has again reiterated the issue of benefit test which has been held by Hon'ble Jurisdictional High Court to be not applied by TPO in his adjudication.
Transfer pricing adjustment at nil fails on both counts. Firstly on the account of benefit test which is not to be applied by the TPO and secondly none of the method of benchmarking the international transaction as specified in section 92C has been applied. Furthermore as rightly contended by the learned counsel of the assessee the ITAT in earlier year had remanded the issue as the issue of additional evidences was there, However ITAT was in principle of the view that application of benefit test by the TPO is not at all sustainable on the touchstone of honourable jurisdictional High Court decision in the case of Lever India Exports Ltd. [2017 (2) TMI 120 - BOMBAY HIGH COURT]
In the present case we note that detailed evidences has been submitted before the DRP and the same have been examined by the TPO in remand proceedings, who has reiterated his reservations on the need and benefit to the assessee instead of applying any method of determining the arms length price - we direct that these alternative adjustments as above are liable to be deleted. We order accordingly.
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2020 (1) TMI 1590 - MADRAS HIGH COURT
Principles of natural justice - seeking opportunity to the petitioner to substantiate his claim before the original authorities by taking a lenient view - HELD THAT:- As per the order in ABISHEK MUNDHRA VERSUS THE JOINT COMMISSIONER OF CUSTOMS (ADJUDICATION-AIR) , O/O. THE PRINCIPAL COMMISSIONER OF CUSTOMS COMMISSIONARATE, CHENNAI – 1 (AIRPORT) , NEW CUSTOMS HOUSE, MEENAMBAKKAM, CHENNAI [2019 (8) TMI 1823 - MADRAS HIGH COURT], came to be disposed of on 19.08.2019, the respondent was directed to pass appropriate orders within a period of three months from the date of receipt of the copy. However, due to filing of the present writ petition, the respondent has been unable to take up the proceedings. It is to be noted that by order dated 19.08.2019 in W.P.No.10816 of 2015, the impugned order dated 17/02/2015 has been set aside and the case has been remanded back for fresh consideration.
Similar order is passed in the present writ petition. Accordingly, the writ petition stands allowed in terms of the above order. The respondent is directed to pass appropriate orders within a period of three months from the date of receipt of a copy of this order.
Petition disposed off.
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2020 (1) TMI 1589 - MADRAS HIGH COURT
Seeking opportunity to substantiate the claim - HELD THAT:- As per order in the case of ABISHEK MUNDHRA VERSUS THE JOINT COMMISSIONER OF CUSTOMS (ADJUDICATION-AIR) , O/O. THE PRINCIPAL COMMISSIONER OF CUSTOMS COMMISSIONARATE, CHENNAI – 1 (AIRPORT) , NEW CUSTOMS HOUSE, MEENAMBAKKAM, CHENNAI [2019 (8) TMI 1823 - MADRAS HIGH COURT], the respondent was directed to pass appropriate orders within a period of three months from the date of receipt of a copy of this order. However, due to pendency of the present writ petition, the respondent was unable to take up the proceedings.
Since, order in original No. 95/17/02/2015, dated 17.02.2015 has already been set aside and is hereby disposed in the said order.
The writ petition stands allowed - The respondent is directed to pass appropriate orders within a period of three months from the date of receipt of a copy of this order.
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2020 (1) TMI 1588 - NATIONAL COMPANY LAW TRIBUNAL CUTTACK BENCH
Seeking stay on removal of Dr. Kedarnath Panda, the Petitioner No. 1 from the Directorship of the Company - seeking stay on discontinuation of service and stay on restriction to enter hospital premises till disposal of the Company Petition - HELD THAT:- The proposed agenda and logical outcome of the meeting cannot be stayed at this stage. The shareholders have right to convene the meeting and pass resolutions as per Companies Act, 2013 and Rules.
There is no prayer by petitioner to stay the EGM nor there is any irregularity.
Application dismissed.
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2020 (1) TMI 1587 - ITAT AHMEDABAD
Maintainability of appeal on low tax effect - CIT-A deleted that addition on ‘on money’ receipts and unexplained cash credit - HELD THAT:- As this appeal of the Revenue is no longer maintainable in view of the CBDT Circular No. 17 of 2019 dated 08.08.2019. The mandatory limit for cases in which Revenue can challenge the relief granted by the CIT(A) now stands enhanced to Rs.50 lakhs. This concession granted by the Central Board of Direct Taxes (CBDT) is retrospective in effect inasmuch as it applies to all pending appeals as well. In view of the above position, the appeal of the Revenue is no longer maintainable and is dismissed as such.
As made clear that on re-verification at the end of the AO if it comes out that the tax effect of more than Rs.50 lakhs is being involved in the appeal or the appeal falls within the exemption clause of the Circular, then the Revenue will be at liberty to file Miscellaneous Application to recall the Tribunal order. The application should be filed within time limit prescribed in the Act. Appeal of the Revenue is dismissed due to low tax effect.
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2020 (1) TMI 1586 - PUNJAB & HARYANA HIGH COURT
Seeking withdrawal of petition - HELD THAT:- The petitioner has failed to deposit the amount despite order dated 15.2.2018. He submits that he has the instructions to withdraw the present petition.
The present petition is dismissed as withdrawn.
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