C I T vs. M/S HERO CYCLE LTD.

PDF · subscribers

ITA/526/2008HC Punjab & HaryanaPHHC01080527200827 January 2020Bench: MR. JUSTICE AJAY TEWARI,MR. JUSTICE AVNEESH JHINGAN1 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn. The revenue's counsel stated that due to the tax effect being below the monetary limits specified in the relevant CBDT circulars, they had instructions to withdraw the appeal. The court granted the liberty to the appellant-revenue to file an application for revival of the appeal in case something survives therein. The reasoning is based solely on the revenue's submission regarding the tax effect and their instruction to withdraw. The ratio decidendi is that appeals can be withdrawn by the revenue when the tax effect falls below prescribed monetary limits, with liberty to seek revival under certain circumstances. Any pending civil miscellaneous applications were disposed of as the main case was dismissed.

What were the facts?

The appeal was filed by the Commissioner of Income Tax, Ludhiana-II (appellant-revenue) against M/s Hero Cycles Ltd., Ludhiana (respondent-assessee). The assessment year(s) are not specified. The appeal challenges an order or action, the details of which are not provided in the judgment. The procedural history is limited to the filing of the appeal by the revenue. The amount in dispute is also not stated.

What were the issues?

1. Whether the appeal should be withdrawn by the revenue due to the tax effect being below the prescribed monetary limit as per CBDT Circular No. 3 of 2018 and Circular No. 17 of 2019. Assessee's Contentions: Not recorded. Revenue's Contentions: The learned counsel for the appellant-revenue stated that the tax effect involved is less than the monetary limit prescribed in Circular No. 3 of 2018 dated 11.07.2018, as amended by 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. Consequently, the revenue had instructions to withdraw the appeal. The revenue prayed for liberty to file an application for revival of the appeal if something survives therein.

AI-generated summary — verify with the full judgment below

305-3 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** ITA No.526 of 2008 Date of Decision: 27.01.2020 Commissioner of Income Tax, Ludhiana-II Appellant Versus M/s Hero Cycles Ltd., Ludhiana Respondent CORAM: HON'BLE MR. JUSTICE AJAY TEWARI HON'BLE MR. JUSTICE AVNEESH JHINGAN Present: Mr. Sandeep Goyal, Advocate for the appellant. Mr. Alok Mittal, 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 as withdrawn, the pending C.M. Application, if any, stands disposed of. [AJAY TEWARI] JUDGE [AVNEESH JHINGAN] JUDGE January 27, 2020 pankaj baweja

Whether speaking/ reasoned : Yes / No 2. Whether reportable : Yes / No PANKAJ BAWEJA 2020.01.28 18:42 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

Recent GST High Court judgments

Search GST case law →