2016 (1) TMI 1363 - HC - Income Tax

Monetary limit - tax effect relating to the matter is less than ₹ 20,00,000/- - Held that - The present tax case appeal stands dismissed, as withdrawn. It is made clear that the questions of law, which may arise for the decision of this Court, in the present tax case appeal, are left open to be considered and decided in appropriate cases, in accordance with law. It is also made clear that it would be open to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the Circular, within a period of twelve weeks from today.

Summary

Issues:
1. Withdrawal of tax case appeal based on Circular No.21 of 2015 issued by the Central Board of Direct Taxes.
2. Granting liberty to the Appellant/Revenue to revive the appeal if withdrawn inadvertently.
3. Dismissal of the tax case appeal as withdrawn while leaving questions of law open for consideration in appropriate cases.

Analysis:

1. The judgment revolves around the withdrawal of the tax case appeal by the Appellant/Revenue based on Circular No.21 of 2015 issued by the Central Board of Direct Taxes. The learned counsels representing the Appellant/Revenue requested permission from the Court to withdraw the appeal due to the tax effect being less than Rs. 20,00,000 as per the circular. The Court, considering the submissions, dismissed the tax case appeal as withdrawn, in accordance with the circular's provisions.

2. Additionally, the learned counsels requested liberty from the Court to revive the tax case appeal if it was found to have been withdrawn inadvertently, even if falling under the exceptions mentioned in paragraph 8 of the circular. The Court, acknowledging this request, granted permission to the Appellant/Revenue to revive the appeal within a period of twelve weeks from the judgment date if such inadvertent withdrawal was identified, ensuring fairness and procedural justice.

3. Furthermore, the judgment clarifies that despite the dismissal of the tax case appeal, the questions of law arising from the case remain open for consideration and decision in appropriate cases in the future. This provision ensures that the legal issues raised in the appeal can still be addressed and decided upon by the Court when similar matters arise, maintaining consistency and legal clarity. The Court also emphasized that the Appellant/Revenue retains the right to revive the appeal within the specified timeframe if any inadvertent withdrawal is discovered, providing a safeguard against procedural errors.

In conclusion, the judgment reflects a balanced approach by the Court in handling the withdrawal and potential revival of the tax case appeal, ensuring compliance with the circular guidelines while preserving the rights of the parties involved and maintaining the integrity of legal proceedings for future cases.