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

PDF · subscribers
ITA/327/2017HC Punjab & HaryanaPHHC01117533201726 August 2019Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE HARNARESH SINGH GILL2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court of Punjab and Haryana dismissed the appeal as withdrawn, as prayed for by the appellant-Revenue. The court granted liberty to the Revenue to file an application for revival of the appeal if circumstances warranted it. The court also 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 was made on the substantive legal issues of the appeal. The operative direction was the dismissal of the appeal as withdrawn with liberty granted. Any pending Civil Miscellaneous applications were also dismissed as a consequence of the main appeal being withdrawn.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax, Rohtak (Revenue) against Atlas Cycles (Haryana) Ltd. (Assessee). The assessment year(s) are not explicitly stated in the provided text. The appeal challenges an order passed by the Income Tax Appellate Tribunal (though the specific order is not detailed). The procedural history indicates that the Revenue, through its counsel, stated that the tax effect involved was less than Rs. 1 crore. Consequently, the Revenue sought to withdraw the appeal in accordance with CBDT Circular dated 08.08.2019. The Revenue also requested liberty to file an application for revival of the appeal if circumstances warranted it. The High Court noted that the main case was dismissed as withdrawn, and any pending Civil Miscellaneous applications also stood dismissed.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn by the Revenue in view of the tax effect being less than Rs. 1 crore, as per CBDT Circular dated 08.08.2019? Assessee's contentions: Not recorded in the judgment. Revenue's contentions: The Revenue, through its counsel, stated that the tax effect involved in the appeal was less than Rs. 1 crore. Relying on CBDT Circular dated 17/2019 dated 08.08.2019, the Revenue sought to withdraw the present appeal. The Revenue also prayed for liberty to file an application for revival of the appeal in case something survives therein. The Revenue did not argue the merits of the case.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 350-6 ITA-327-2017 (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-327-2017 (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

Latest GST High Court judgments

Search GST case law →