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

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ITA/342/2006HC Punjab & HaryanaPHHC01075050200630 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The High Court dismissed the appeal as withdrawn. The Court granted the appellant-revenue the liberty to file an application for revival of the appeal, should circumstances warrant it. The reasoning for the dismissal was solely based on the appellant-revenue's instruction to withdraw due to the low tax effect, as per the cited CBDT circulars and letter. No finding was made on the merits of the original dispute. Any pending Civil Miscellaneous Application was also disposed of as a consequence of the main appeal being dismissed.

What were the facts?

The appeal was filed by the Commissioner of Income Tax-II, Ludhiana (appellant-revenue) against M/s. Highway Cycles Industries Limited, Ludhiana (respondent-assessee). The assessment year(s) are not explicitly stated in the provided text. The appeal challenges a previous order or action, the details of which are not specified. The procedural history is limited to the present appeal being filed before the High Court. The amount in dispute is also not stated.

What were the issues?

The Tribunal did not have to decide any substantive issues of law or fact. The sole matter before the Court was the appellant-revenue's request to withdraw the appeal. The appellant-revenue argued that the tax effect involved was below the monetary limit prescribed by CBDT Circular No. 3 of 2018, as amended by Circular No. 17 of 2019 and a subsequent letter dated 20.08.2019. Therefore, they sought to withdraw the appeal, requesting liberty to revive it if circumstances changed. The respondent-assessee's arguments are not recorded as the appeal was withdrawn before any substantive arguments on merits were presented.

AI-generated summary — verify with the full judgment below

709 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.342 of 2006 Date of decision : 30.10.2019 The Commissioner of Income Tax-II, 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 2019.11.01 09:33 I attest to the accuracy and integrity of this document

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