Punjab-Haryana High Court
The Commissioner Of Wealth Tax vs Smt. Shakuntla Rajeshwar C/O M/S on 22 February, 2010
Bench: Ashutosh Mohunta, Mehinder Singh Sullar
WTR No.22 of 1996 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
WTR No.22 of 1996
DATE OF DECISION: February 22, 2010
THE COMMISSIONER OF WEALTH TAX, ...PETITIONER
HARYANA, ROHTAK
VERSUS
SMT. SHAKUNTLA RAJESHWAR C/O M/S ...RESPONDENT
DEEPAK WOOLEN MILLS, PANIPAT
CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA.
HON'BLE MR. JUSTICE MEHINDER SINGH SULLAR.
PRESENT: MR. K.K. MEHTA, ADVOCATE FOR THE PETITIONER.
NONE FOR THE RESPONDENT.
ASHUTOSH MOHUNTA, J.(ORAL)
In the present reference, the Income Tax Appellate Tribunal (for short 'the Tribunal) has referred the following question of law for adjudication:-
"Whether on the facts and the circumstances of the case, the Tribunal was right in law in disallowing the appeal filed by the Department against the decision of assessee's share in cash incentive and duty draw back?"
Counsel for the Revenue submits that the total tax liability was in the present case is approximately Rs.4000/-.
As the tax liability is very meagre and the reference relates to the year 1996, therefore, we decline to answer the question referred, which shall be decided in some other appropriate proceedings.
The aforementioned decision is taken in view of the decision in WTR No.22 of 1996 -2- The Commissioner of Income Tax, Haryana, Rohtak vs. M/s Kailash Rice Mills, Pehowa, ITR No.178 of 1989, decided on 3.7.2008, wherein it was held that the parties have been litigating for a sufficiently long period and the ultimate tax effect is limited, therefore, even if the question of law comes in favour of the Revenue, there is no need to answer the question referred. Reliance was placed on Commissioner of Income-tax vs. Blaxe Advertising (Delhi) Pvt. Ltd., reported as (2002) 255 ITR 460, where the amount involved was only Rs.18,823/-.
Reference disposed of.
(ASHUTOSH MOHUNTA)
JUDGE
February 22, 2010 (MEHINDER SINGH SULLAR)
Gulati JUDGE