The Commissioner Central Goods And Services Tax Commissionerate Ludhiana vs. M/S Bedi Steel Rolling Mills LTD
Held
The Court decided that the appeal should be disposed of as not pressed. The reasoning provided is that the appellant's counsel stated they had instructions not to pursue the appeal because the tax involved was below the monetary limit prescribed by the Board for High Court appeals. Consequently, the appeal was dismissed on this ground. The ratio decidendi is that appeals filed by revenue that fall below the stipulated monetary limits for High Court appeals are to be withdrawn or not pressed. The operative direction was to dispose of the appeal as not pressed.
Facts
The appellant, the Commissioner, Central Goods and Services Tax Commissionerate, Ludhiana, filed an appeal against M/s Bedi Steel Rolling Mills Ltd. The specific tax period and the amount in dispute are not recorded in the judgment. The appeal was filed before the High Court of Punjab and Haryana at Chandigarh. The procedural history leading to this appeal is not detailed.
Key Issues
1. Whether the appeal is maintainable before the High Court given the monetary limit for filing appeals set by the Board? The appellant argued that they have instructions not to pursue the instant appeal as the tax involved is below the monetary limit fixed by the Board for filing appeals before the High Court. The respondent's arguments are not recorded.
AI-generated summary — verify with the full judgment below
104 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CEA-5-2021(O&M)
Date of Decision:15.07.2022 THE COMMISSIONER, CENTRAL GOODS AND SERVICES TAX COMMISSIONERATE, LUDHIANA ........APPELLANT VERSUS M/S BEDI STEEL ROLLING MILLS 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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