Ita/72/2017 Of Pr Commissioner Of Income Tax v. Ms Beas Valley Power Corporation Ltd
High Court
11 Aug 2021 In favour of: Assessee
Forum / Bench
High Court · cmis
Parties
Ita/72/2017 Of Pr Commissioner Of Income Tax v. Ms Beas Valley Power Corporation Ltd
Date of order
11 Aug 2021
Assessment year(s)
2012-13
Outcome
Dismissed
Case summary
In Ita/72/2017 Of Pr Commissioner Of Income Tax v. Ms Beas Valley Power Corporation Ltd, the High Court (2021) dismissed the appeal. The decision went in favour of the assessee.
Decision: Consequently, the present appeal, pertaining to assessment year 2012-13, is dismissed being not maintainable, in view of the aforesaid circular, leaving the parties to bear their own costs.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 11 DAY OF AUGUST, 2021
BEFORE
HON’BLE MR. JUSTICE TARLOK SINGH CHAUHAN
&
HON’BLE MR. JUSTICE SATYEN VAIDYA
INCOME TAX APPEAL NO. 72 OF 2017
Between:
PR. COMMISSIONER OF INCOME TAX, SHIMLA.
…APPELLANT
(BY SH. VINAY KUTHIALA, SR. ADVOCATE WITH MS. VANDANA KUTHIALA, ADVOCATE)
AND
M/S BEAS VALLEY POWER CORPORATION LTD., JOGINDERNAGAR, DISTRICT MANDI, H.P.
…RESPONDENT
( SH. VISHAL MOHAN, ADVOCATE)
__________________________________________________________________
This Appeal coming on for orders this day, Hon’ble Mr.
Justice Tarlok Singh Chauhan, delivered the following:
J U D G M E N T
The Central Board of Direct Taxes (CBDT) has issued Circular No. 17/2019 dated 08.08.2019 whereby the monetary limit for filing an appeal has now been fixed by the
CBDT at Rs. 1,00,00,000/- (One crore). Since the tax levied admittedly is below Rs. One crore, therefore, the instant appeal is covered by the aforesaid Circular and thus, the same is not maintainable.
2. Consequently, the present appeal, pertaining to assessment year 2012-13, is dismissed being not maintainable, in view of the aforesaid circular, leaving the parties to bear their own costs.
(Tarlok Singh Chauhan)
Judge
11.08.2021*awasthi*
(Satyen Vaidya)
Judge
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