THE PR. COMMISSIONER OF INCOME TAX, ROHTAK vs. ATLAS CYCLES (HARYANA) LTD, SONEPAT

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ITA/216/2019HC Punjab & HaryanaPHHC01042834201903 October 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn. The court granted the revenue the liberty to file an application for revival of the appeal, as prayed for. The reasoning for withdrawal was based on the revenue's submission that the tax effect was below the prescribed monetary limit for filing appeals, as per the relevant CBDT circulars. The court did not decide the merits of the original appeal. The operative direction was to dismiss the appeal as withdrawn with liberty to revive. No issues were left undecided as the appeal was disposed of on procedural grounds.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Rohtak (the revenue) against Atlas Cycles (Haryana) Ltd. (the assessee). The appeal was filed for Assessment Year(s) not specified in the judgment. The revenue sought to withdraw the appeal 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 Letter No. F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019. The revenue also requested liberty to revive the appeal if circumstances changed. The High Court had previously condoned a delay of 237 days in re-filing the appeal.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn, considering the tax effect is below the prescribed monetary limit for appeals by the revenue. (Question of law, turning on CBDT Circulars). Contentions: Assessee: No arguments recorded. Revenue: The revenue argued that the tax effect involved in the appeal was less than the monetary limit prescribed in CBDT Circular No. 3 of 2018, amended by Circular No. 17 of 2019 and Letter No. F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019, and therefore, it had instructions to withdraw the appeal. The revenue also prayed for liberty to file an application for revival of the appeal.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.216 of 2019 (O&M) Date of decision : 03.10.2019 The Principal Commissioner of Income Tax, Rohtak ...... Appellant versus Atlas Cycles (Haryana) Ltd., ...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MR.JUSTICE HARNARESH SINGH GILL *** Present : Mr. Sandeep Goyal, Sr. Standing Counsel with Mr. Chetan Sood, Advocate for the applicant-appellant. *** AJAY TEWARI, J. (Oral) CM-10677-CII-2019 1. For the reasons recorded, the application is allowed. Delay of 237 days in re-filing the appeal is condoned. Main Case 2. 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. POOJA SHARMA 2019.10.03 16:11 I am the author of this document

-2- 3. Dismissed as withdrawn with liberty as prayed for. 4. Since the main case has been dismissed, the pending C.M. Application, if any, also stands disposed of. (AJAY TEWARI) JUDGE (HARNARESH SINGH GILL) JUDGE 03.10.2019 pooja sharma-I Whether speaking/reasoned Yes/No Whether Reportable : Yes/No POOJA SHARMA 2019.10.03 16:11 I am the author of this document

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