COMMISSIONER OF INCOME TAX vs. M/S AVON CYCLES LTD
What did the High Court hold?
The High Court dismissed the appeal as withdrawn. The revenue's counsel informed the court that due to the tax effect being below the monetary limit stipulated in CBDT Circular No.3 of 2018, as amended, they had instructions to withdraw the appeal. The revenue specifically prayed for liberty to revive the appeal should circumstances warrant it. The court granted this liberty. Consequently, any pending Civil Miscellaneous Application also stood disposed of as the main case was dismissed. No decision on the merits of the substantive tax dispute was made.
What were the facts?
The appeal was filed by the Commissioner of Income Tax (Central), Ludhiana (appellant-revenue) against M/s. Avon Cycle Limited, Ludhiana (respondent-assessee). The assessment year(s) are not specified. The appeal challenges an order or action by an unspecified authority. The amount in dispute is not explicitly stated, but the tax effect is mentioned as being below the prescribed monetary limit for appeals. The procedural history is that the revenue has filed this appeal before the High Court.
What were the issues?
1. Whether the appeal should be withdrawn by the revenue due to the tax effect being below the prescribed monetary limit. (Question of fact and procedure, turning on CBDT Circular No.3 of 2018 and Circular No.17 of 2019). Contentions: Assessee: No specific contentions recorded. Revenue: The revenue, through its counsel, stated that the tax effect involved is less than the monetary limit prescribed in CBDT Circular No.3 of 2018, as amended by Circular No.17 of 2019 and Letter No.F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019. Therefore, they have instructions to withdraw the present appeal. The revenue prayed for liberty to file an application for revival of the appeal if something survives therein.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.103 of 2003 Date of decision : 07.11.2019 The Commissioner of Income Tax(Central), Ludhiana ..... Appellant versus M/s. Avon Cycle Limited, Ludhiana ..... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MRS.JUSTICE ALKA SARIN *** Present : Mr.Sandeep Goyal, Advocate and Mr.Chetan Sood, Advocate for the appellant. Mr.Alok Mittal, Advocate for the respondent.
*** AJAY TEWARI, J. (Oral) 1. Learned counsel for the appellant-revenue states that since the tax effect involved is less than the monetary limit as prescribed in Circular No.3 of 2018 dated 11.07.2018 issued by the Central Board of Direct Taxes, further amended vide Circular No.17 of 2019 dated 08.08.2019 read with Letter No.F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019, he has instructions to withdraw the present appeal. However, he prayed that liberty be granted to the appellant-revenue to file an application for revival of the appeal, in case something survives therein. 2. Dismissed as withdrawn with liberty as prayed for. 3. Since the main case has been dismissed, the pending C.M. Application, if any, also stands disposed of. (AJAY TEWARI) JUDGE ( ALKA SARIN ) JUDGE 07.11.2019 raman Whether speaking/reasoned Yes/No Whether Reportable : Yes/No RAMAN KUMAR 2019.11.08 11:13 I attest to the accuracy and integrity of this document
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