CIT LUDHIANA vs. M/S HERO CYCLES LTD.

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ITA/590/2009HC Punjab & HaryanaPHHC01084714200914 July 2016Bench: MR. JUSTICE ASHUTOSH MOHUNTA,MR. JUSTICE AMRIT LAL BAHRI1 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court dismissed the appeal as withdrawn with liberty granted to the revenue to file an application for revival of the appeal as prayed for. The Court clarified that the withdrawal of the appeal by the revenue would not be considered an affirmation of the Tribunal's order on merits. Furthermore, the Court explicitly stated that the legal issue, as claimed by the revenue, was being left open to be adjudicated in an appropriate case. No specific finding was made on the merits of the case, as the appeal was disposed of on a procedural ground.

What were the facts?

The appeal was filed by the Commissioner of Income-Tax-II, Ludhiana (the revenue) against M/s Hero Cycles Ltd., Ludhiana (the assessee). The appeal was before the High Court of Punjab and Haryana at Chandigarh. The tax effect involved in the appeal was approximately ₹10.50 lacs. The revenue sought to withdraw the appeal in view of Circular No. 21/2015 dated 10.12.2015 issued by the CBDT, New Delhi. The revenue also prayed for liberty to file an application for revival of the appeal if something survived therein.

What were the issues?

1. Whether the appeal filed by the revenue should be dismissed as withdrawn in view of the tax effect and CBDT Circular No. 21/2015? Assessee's contentions: The assessee did not explicitly present arguments in the provided text. However, the revenue's decision to withdraw the appeal was based on a CBDT circular concerning tax effect, implying that the revenue acknowledged the threshold for filing appeals. Revenue's contentions: The revenue, through its learned counsel, stated that due to the tax effect of approximately ₹10.50 lacs, it had instructions to withdraw the present appeal in view of CBDT Circular No. 21/2015. The revenue also requested liberty to file an application for revival of the appeal.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr. No.311-4 ITA No.590 of 2009 Date of decision: 14.07.2016 The Commissioner of Income-Tax-II, Ludhiana ....Appellant versus M/s Hero Cycles Ltd., Ludhiana ....Respondent CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE DEEPAK SIBAL Present:- Mr. Zora Singh Klar, Advocate, for the appellant. Mr. Akshay Bhan, Senior Advocate with Mr. Alok Mittal, Advocate,for the respondent. * * * * S.J. VAZIFDAR,

ACTING CHIEF JUSTICE (ORAL)

Learned counsel for the appellant-revenue states that since the tax effect involved is ` 10.50 lacs (approx.), he has instructions to withdraw the present appeal in view of the circular No.21/2015, dated 10.12.2015 issued by the C.B.D.T., New Delhi. However, he prayed that liberty be granted to the revenue to file an application for revival of the appeal in case something survives therein. 2. Dismissed as withdrawn with liberty as prayed for. It is, however, clarified that withdrawal of the appeal by the revenue shall not be taken to be affirmation of order of the Tribunal on merits. Further, the legal issue as claimed by the revenue is being left open to be adjudicated in an appropriate case. (S.J. VAZIFDAR) ACTING CHIEF JUSTICE (DEEPAK SIBAL) JUDGE July 14, 2016 Jyoti 1 JYOTI SHARMA 2016.07.15 15:29 I attest to the accuracy and integrity of this document

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