Pr. Commissioner Of Income Tax-1, ... vs Chandigarh Finance Private Limited
2024 Latest Caselaw 5126 P&H

Punjab-Haryana High Court

Pr. Commissioner Of Income Tax-1, ... vs Chandigarh Finance Private Limited on 6 March, 2024

Author: G.S.Sandhawalia

Bench: G.S.Sandhawalia

                                                       Neutral Citation No:=2024:PHHC:032981-DB




            IN THE HIGH COURT OF PUNJAB AND HARYANA
                      AT CHANDIGARH

111                                                        2024:PHHC:032981-DB

                                                        CM-4034-CII-2024 in/and
                                                            RA-CR-47-2024 in/and
                                                                     ITA-115-2023
                                                       Date of Decision: 06.03.2024

Pr. Commissioner of Income Tax-1, Chandigarh                            .....Appellant(s)

                                       Versus
Chandigarh Finance Pvt. Ltd.                                          ....Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA, ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE LAPITA BANERJI

Present:- Mr. Yogesh Putney, Sr. Stnading Counsel, for the appellant-department.

G.S.SANDHAWALIA, ACTING CHIEF JUSTICE (Oral)

CM-4034-CII-2024

1. Allowed as prayed for.

RA-CR-47-2024

2. The present application has been filed for review/recall of the order

dated 01.02.2024 passed in the main appeal.

3. We have perused the said order. There are certain typographical

errors in the said order, which necessarily need to be corrected. The end result,

however, would be the same as we have dismissed the appeal on account of not

being maintainable as the tax effect involved was only Rs.8,71,379/-. We had

kept the circulars of the department in mind while dismissing the appeal.

4. Resultantly, keeping in view the above, we allow the application and

recall the order dated 01.02.2024 and take up the main appeal.

ITA-115-2023

5. Mr. Putney does not dispute that the tax effect is as mentioned above,

which is below the monetary limits as per the circulars dated 11.07.2018,

08.08.2019 and 16.09.2019.

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Neutral Citation No:=2024:PHHC:032981-DB

CM-4034-CII-2024 in/and RA-CR-47-2024 in/and ITA-115-2023

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6. Accordingly, we dismiss the main appeal on that ground but clarify

that it is not the affirmation of the order of the Tribunal on merits and we leave the

legal issue open to be adjudicated in an appropriate case in view of the judgment

of the Apex Court in Commissioner of Income Tax vs. Dhanalekshmi Bank Ltd.,

(2015) 373 ITR 526 (SC). The averment made that the case would fall under

exception (c) of Para 10 of Circular No.3 of 2018 dated 11.07.2018 and its

amendment dated 20.08.2018 would not be sustainable.

                                                          (G.S. SANDHAWALIA)
                                                         ACTING CHIEF JUSTICE



06.03.2024                                                    (LAPITA BANERJI)
shivani                                                             JUDGE

Whether reasoned/speaking                      Yes
Whether reportable                             No

Neutral Citation No:=2024:PHHC:032981-DB

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