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Punjab-Haryana High Court

Pr. Commissioner Of Income Tax-2 ... vs M/S Gillard Electronics P Ltd C-132 ... on 14 March, 2017

Bench: Ajay Kumar Mittal, Ramendra Jain

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


213                                ITA No.252 of 2016 (O&M)
                                   Date of Decision: March 14, 2017

The Pr. Commissioner of Income Tax-2, Chandigarh                    ....Appellant

                versus

M/s Gillard Electronics Pvt. Ltd.                                  ...Respondent

CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL
       HON'BLE MR. JUSTICE RAMENDRA JAIN

                                *****
Present:        Ms. Urvashi Dhugga, Advocate for the appellant-Revenue.

                Mr. Sanjay Kumar, Advocate for the respondent.

                                   *****

AJAY KUMAR MITTAL, J. (Oral)

A perusal of the record shows that the tax effect involved in the present case is ` 58,544/-. In view of the order of the Apex Court in 'Commissioner of Income Tax vs. Dhanalekshmi Bank Ltd., [2015] 373 ITR 526 (SC)', where the Supreme Court had dismissed the appeal without going into the merits of the appeal due to low tax effect leaving the question of law open, the present appeal is dismissed. It is, however, clarified that dismissal of the appeal shall not be taken to be affirmation of order of the Tribunal on merits. Further, the legal issue as claimed by the Revenue is being left open to be adjudicated in an appropriate case.



                                                    (AJAY KUMAR MITTAL)
                                                          JUDGE



                                                     (RAMENDRA JAIN)
March 14, 2017                                           JUDGE
sonia gugnani


                Whether speaking/reasoned?                    Yes/No

                Whether reportable?                           Yes/No




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