COMMISSIONER OF INCOME TAX, LDH vs. M/S HERO CYCLES LTD., LDH

ITA/350/2004HC Punjab & HaryanaPHHC01051505200401 July 2021Bench: MR. JUSTICE AJAY TEWARI2 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court allowed the application for withdrawal of the appeal (CM-4694-CII-2021) in view of the respondent-Assessee opting for the Direct Tax Vivad Se Vishwas Scheme. The Court granted liberty to the Assessee to revive the appeal if the settlement under the scheme did not operationalize. Consequently, the main appeal (ITA-350-2004) was dismissed as withdrawn with the aforesaid liberty. Any pending Civil Miscellaneous Applications were also dismissed as withdrawn as a consequence of the main case being withdrawn. The Court did not decide on the merits of the original appeal.

What were the facts?

The case involves an appeal filed by the Commissioner of Income Tax-I, Ludhiana (Revenue) against M/s Hero Cycles Ltd., Ludhiana (Assessee). The appeal pertains to ITA-350-2004. Two civil miscellaneous applications were filed. CM-4693-CII-2021 was an application to place Form-3 as Annexure A-4 on record, which was allowed. CM-4694-CII-2021 was an application for withdrawal of the appeal. The reason for withdrawal was that the respondent (Assessee) had opted for the Direct Tax Vivad Se Vishwas Scheme. The application sought liberty to revive the appeal if the settlement under the scheme did not materialize.

What were the issues?

1. Whether the appeal filed by the Revenue should be dismissed as withdrawn in light of the Assessee opting for the Direct Tax Vivad Se Vishwas Scheme? (Question of procedure/settlement). Assessee's Contention: The Assessee argued that they had opted for the Direct Tax Vivad Se Vishwas Scheme and sought withdrawal of the appeal with liberty to revive it if the settlement did not become operational. Revenue's Contention: The judgment does not record any specific contention from the Revenue regarding the withdrawal of the appeal. However, the application for withdrawal was allowed, implying no objection or acquiescence from the Revenue's side to the withdrawal.

AI-generated summary — verify with the full judgment below

CM-4693-CII-2021 and CM-4694-CII-2021 in/and ITA-350-2004 (O&M) -1- 101-A IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CM-4693-CII-2021 and CM-4694-CII-2021 in/and ITA-350-2004 (O&M) Date of decision : 01.07.2021 Commissioner of Income Tax-I, Ludhiana ...Appellant Versus M/s Hero Cycles Ltd., Ludhiana ...Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE VIKAS BAHL Present: Mr. Vaibhav Gupta, Advocate and Mr. Sandeep Goyal, Advocate for the applicant-respondent. (Through Video Conferencing) **** AJAY TEWARI, J. (ORAL) CM-4693-CII-2021 This is an application for placing on record Form-3 as Annexure A-4. For the reasons recorded in the application, the same is allowed. Form-3 (Annexure A-4) is taken on record. CM-4694-CII-2021 This is an application for withdrawal of the appeal in view of the fact that the respondent has opted for Direct Tax Vivad Se Vishwas Scheme with further liberty to revive the same in case the settlement does PAWAN KUMAR 2021.07.02 11:52 I attest to the accuracy and authenticity of this document Chandigarh

CM-4693-CII-2021 and CM-4694-CII-2021 in/and ITA-350-2004 (O&M) -2- not operationalized. Application is allowed and the main appeal is taken up on Board today itself. ITA-350-2004 The present appeal stands dismissed as withdrawn with liberty aforesaid. Since the main case has been dismissed as withdrawn, the pending Civil Miscellaneous Application, if any, also stands dismissed as withdrawn. (AJAY TEWARI) JUDGE (VIKAS BAHL) JUDGE 01.07.2021 Pawan Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No PAWAN KUMAR 2021.07.02 11:52 I attest to the accuracy and authenticity of this document Chandigarh

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