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

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ITA/268/2017HC Punjab & HaryanaPHHC01117467201726 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The High Court dismissed the appeal as withdrawn, granting the liberty as prayed for by the Revenue to file an application for revival of the appeal. The Court explicitly stated that the legal issue claimed by the Revenue was being left open to be adjudicated in an appropriate case. This implies that no decision on the merits of the underlying tax dispute was made. The operative direction was the dismissal of the appeal as withdrawn with liberty to seek revival. Any pending civil miscellaneous applications were also dismissed consequent to the dismissal of the main appeal.

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 assessment year(s) are not explicitly stated in the provided text. The appeal challenges an order passed by an authority below, which is not detailed. The procedural history indicates that the Revenue's counsel stated that the tax effect involved was less than Rs. 1 crore and sought to withdraw the appeal in accordance with a CBDT circular dated 08.08.2019. The Revenue also requested liberty to file an application for revival of the appeal if circumstances changed. The High Court noted that the legal issue claimed by the Revenue was being left open for adjudication in an appropriate case.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn by the Revenue in light of the tax effect and CBDT Circular dated 08.08.2019? (Question of law) Assessee's Contentions: Not recorded. Revenue's Contentions: The Revenue's counsel stated that the tax effect involved was less than Rs. 1 crore and, in view of CBDT Circular dated 17/2019 dated 08.08.2019, instructions were received to withdraw the present appeal. The Revenue prayed for liberty to file an application for revival of the appeal if something survived therein.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 350-3 ITA-268-2017 (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 12:26 I attest to the accuracy and integrity of this document

ITA-268-2017 (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 12:26 I attest to the accuracy and integrity of this document

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