COMMISSIONER OF INCOME TAX vs. M/S HIGHWAY CYCLE INDS LTD

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ITA/182/2003HC Punjab & HaryanaPHHC01012028200330 October 2019Bench: MR. JUSTICE AJAY TEWARI,MRS. JUSTICE ALKA SARIN1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn, granting the revenue the liberty to file an application for revival of the appeal as prayed for. The reasoning for this decision was solely based on the revenue's instruction to withdraw the appeal due to the low tax effect, as per the CBDT circulars. The court did not delve into the merits of the case or any substantive tax issues. Consequently, any pending Civil Miscellaneous (C.M.) Application related to the main appeal was also disposed of.

What were the facts?

This case involves an appeal filed by the Commissioner of Income Tax (Central), Ludhiana (the revenue) against M/s. Highway Cycles Industries Limited, Ludhiana (the assessee). The appeal was filed before the High Court of Punjab and Haryana at Chandigarh. The specific assessment year(s) and the order or action under challenge are not detailed in the provided text. The procedural history is limited to the filing of the present appeal by the revenue.

What were the issues?

The High Court was not required to decide any substantive issues of law or fact. The primary issue before the court was whether the appeal filed by the revenue should be dismissed. The revenue's contention, as presented by its counsel, was that due to the tax effect being below the monetary limit prescribed by CBDT Circular No. 3 of 2018, as amended by Circular No. 17 of 2019 and a subsequent letter, the appeal should be withdrawn. The revenue requested liberty to revive the appeal if circumstances warranted. The assessee's arguments are not recorded in the provided text.

AI-generated summary — verify with the full judgment below

478 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.182 of 2003 Date of decision : 30.10.2019 The Commissioner of Income Tax(Central), Ludhiana ...... Appellant versus M/s. Highway Cycles Industries Limited, Ludhiana ...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MRS.JUSTICE ALKA SARIN *** Present : Mr.Chetan Sood, Advocate and Mr.Sandeep Goyal, Advocate for the appellant. Mr.Akshay Bhan, Sr. Advocate with Mr.Alok Mittal, Advocate and Mr.Shantanu, Bansal, 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 30.10.2019 raman Whether speaking/reasoned Yes/No Whether Reportable : Yes/No RAMAN KUMAR 2019.11.02 09:51 I attest to the accuracy and integrity of this document

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