The Commissioner Central Goods And Services Tax Commissionerate Ludhiana(Punjab) vs. M/S Bedi Steels PVT LTD
Held
The Court decided the appeal based on the statement made by the appellant's counsel. The appellant's counsel stated that they had instructions not to pursue the appeal as the tax involved was below the monetary limit fixed by the Board for filing appeals before the High Court. Consequently, the appeal was disposed of as 'not pressed'. The reasoning was solely based on the appellant's decision not to pursue the matter due to the monetary limit. The ratio decidendi is that an appeal can be withdrawn or not pressed if the appellant has instructions to do so, especially when the tax involved falls below a prescribed monetary threshold for High Court appeals. No specific operative directions were issued other than disposing of the appeal.
Facts
The Commissioner, Central Goods and Services Tax Commissionerate, Ludhiana (appellant) filed an appeal before the High Court of Punjab and Haryana at Chandigarh against M/s Bedi Steel Pvt. Ltd. (respondent). The appeal was filed against an order or action that is not specified in the provided text. The specific tax period(s) and the amount in dispute are also not mentioned. The procedural history leading to this appeal is not detailed. The appellant's counsel, Mr. Anshuman Chopra, made a statement that he had instructions not to pursue the appeal because the tax involved was below the monetary limit fixed by the Board for filing appeals before the High Court.
Key Issues
1. Whether the appeal filed by the appellant is maintainable before the High Court given the monetary limit for appeals fixed by the Board? (Question of law). The appellant, through its counsel, argued that it had instructions not to pursue the appeal as the tax involved was below the monetary limit prescribed by the Board for filing appeals before the High Court. The respondent's arguments are not recorded in the judgment.
AI-generated summary — verify with the full judgment below
104/A IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CEA-14-2021(O&M)
Date of Decision:15.07.2022 THE COMMISSIONER, CENTRAL GOODS AND SERVICES TAX COMMISSIONERATE, LUDHIANA ........APPELLANT VERSUS M/S BEDI STEEL PVT. LTD.
......RESPONDENT
CORAM : HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA HON'BLE MR. JUSTICE PANKAJ JAIN *** Present: Mr. Anshuman Chopra, Senior Standing Counsel for the appellant. *** TEJINDER SINGH DHINDSA,
J. (ORAL)
Mr. Anshuman Chopra, learned Senior Standing Counsel for the appellant at the very outset makes a statement that he has instructions not to pursue the instant appeal as the tax involved is below the monetary limit fixed by the board for the purposes of filing an appeal before the High Court. As per statement made by counsel, appeal is disposed of as not pressed. Pending application(s), if any, shall also stand disposed of. (TEJINDER SINGH DHINDSA) JUDGE ( PANKAJ JAIN ) JUDGE 15.07.2022 sunita Whether speaking/reasoned Yes/No Whether Reportable Yes/No SUNITA NAGPAL 2022.07.18 10:23 I attest to the accuracy and authenticiy of this order/judgment
The judgment continues below.
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