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

PDF · subscribers
ITA/267/2017HC Punjab & HaryanaPHHC01117466201726 August 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The High Court dismissed the appeal as withdrawn, granting the liberty prayed for by the Revenue to file an application for revival of the appeal in case something survives. The Court also noted that the legal issue claimed by the Revenue is being left open to be adjudicated in an appropriate case. The reasoning for the dismissal is based on the Revenue's own submission and the instruction to withdraw due to the tax effect falling below the threshold stipulated in the CBDT circular. The ratio decidendi is that appeals with a tax effect below a certain threshold, as per CBDT circulars, can be withdrawn by the Revenue. The operative direction is the dismissal of the appeal as withdrawn with liberty to revive.

What were the facts?

The appellant, Pr. Commissioner of Income Tax, Rohtak (Revenue), filed an appeal against Atlas Cycles (Haryana) Ltd. (assessee). The assessment year(s) are not specified. The appeal challenges an order or action by an authority below the High Court, the details of which are not provided. The procedural history involves the Revenue filing this appeal before the High Court of Punjab and Haryana at Chandigarh. The amount in dispute is not explicitly stated, but the tax effect is mentioned as being less than Rs. 1 crore.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn in light of the CBDT Circular No. 17/2019 dated 08.08.2019, given the tax effect being less than Rs. 1 crore? (Question of law) Contentions: Assessee: No arguments recorded as none appeared. Revenue: The learned counsel for the appellant-Revenue stated that due to the tax effect being less than Rs. 1 crore, they have instructions to withdraw the appeal in view of CBDT Circular No. 17/2019. They prayed for liberty to file an application for revival of the appeal if something survives.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 350-2 ITA-267-2017 (O&M) Date of decision :26.08.2019 The Pr. Commissioner of Income Tax, Rohtak ...... Appellant versus Atlas Cycles (Haryana) Ltd., Atlas Road, Industrial Area, Sonepat ...... Respondent CORAM : HON'BLE MR.JUSTICE AJAY TEWARI HON'BLE MR.JUSTICE HARNARESH SINGH GILL Present : Mr. Sandeep Goyal, Advocate for the appellant. None for the respondent.

*** AJAY TEWARI, J. (Oral) Learned counsel for the appellant-Revenue has very fairly stated that since the tax effect involved is less than Rs.1 crore. He has instruction to withdraw the present appeal in view of the circular dated 17/2019 dated 8.8.2019 issued by the Central Board of Direct Taxes, New Delhi. However, he has prayed that liberty be granted to Revenue to file an application for revival of the appeal in case something survives therein. Dismissed as withdrawn with liberty as prayed for. Further, the legal issue as claimed by the Revenue is being left open to be adjudicated in an appropriate case. Anuradha 2019.08.29 12:20 I attest to the accuracy and integrity of this document

ITA-267-2017 (O&M) -2- Since the main case has been dismissed as withdrawn, the pending C.M, if any also stands dismissed. (AJAY TEWARI) JUDGE (HARNARESH SINGH GILL) JUDGE 26.08.2019 anuradha Whether speaking/reasoned Yes/No Whether Reportable : Yes/No Anuradha 2019.08.29 12:20 I attest to the accuracy and integrity of this document

Recent GST High Court judgments

Search GST case law →