Ajay Kumar Mittal, J. (Oral v. Dhanalekshmi Bank Ltd

20/IN THE HIGH COURT OF PUNJAB AND HARYANAAl CHANDIGARH ITA-184-2013 (O&M)Date of decision : 10.09.2018 Commissioner of Income Tax-1, Jalandhar _...... Petitioner M/s Max India Limited VS] ...... Respondent CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTALHON'BLE MR. JUSTICE AVNEESH JHINGAN Present:-Mr. Vivek Sethi, Advocatfor the appellant-revenue. Mr. Vishal Gupta, Advocatefor the respondent-assessee. 333 AJAY KUMAR MITTAL, J. (Oral) Learned counsel for the appellant-revenue submitted that theappeal had been filed as the composite order was passed and would bemaintainable in view of circular No.03/2018, dated 11.07.2018. However, weare not entering into the controversy regarding the applicability of the circular,since the tax effect involved 1s“1,00,640/-. In view of the order of the ApexCourt inCommissioner of Income Tax Vs. Dhanalekshmi Bank Ltd., F12015] 373 ITR 526 (SC)»where the Supreme Court had dismissed the appealwithout going into the merits of the appeal due to low tax effect leaving thequestion of law open, the present appeal is dismissed. It is, however, clarifiedthat dismissal of the appeal shall not be taken to be affirmation of order of theTribunal on merits. Further, the legal issue as claimed by the revenue is beingleft open to be adjudicated in an appropriate case. (AJAY KUMAR MITTAL)JUDGE (AVNEESH JHINGAN)JUDGE 10.09.2018|anjuWhether speaking/reasoned?Whether reportable? Yes/NoYes/No