CIT-II, LUDHIANA vs. M/S HERO CYCLES LTD.

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ITA/744/2008HC Punjab & HaryanaPHHC01080766200827 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The High Court dismissed the appeal as withdrawn.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 court granted the appellant-revenue the liberty to file an application for revival of the appeal, as prayed for. The reasoning for dismissal was based on the revenue's submission regarding the tax effect falling below the prescribed monetary limits, which is a common ground for withdrawal of appeals by the revenue under CBDT instructions. The judgment does not delve into the merits of the original dispute. Any pending applications related to the main appeal were also disposed of as a consequence of the dismissal.

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 in the judgment. The appeal challenges an order or action that is not detailed. The procedural history is that the revenue, citing CBDT Circular No. 3 of 2018 and subsequent amendments, sought to withdraw the appeal due to the tax effect being below the prescribed monetary limit. The revenue also requested liberty to file an application for revival of the appeal.

What were the issues?

1. Whether the High Court should allow the appellant-revenue to withdraw the appeal, considering the tax effect is below the monetary limit prescribed by CBDT Circulars. Assessee's contentions: Not recorded in the judgment. Revenue's contentions: The revenue argued that the tax effect involved in the appeal is less than the monetary limit prescribed in Circular No. 3 of 2018, as amended by Circular No. 17 of 2019 and Letter No. F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019. Based on these circulars, the revenue sought to withdraw the appeal, requesting liberty to revive it if circumstances warranted.

AI-generated summary — verify with the full judgment below

305-2 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** ITA No.744 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

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