COMMISSIONER OF INCOME TAX vs. M/S HIGHWAY CYCLE INDUSTRIES

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ITA/79/2001HC Punjab & HaryanaPHHC01042125200123 August 2016Bench: MR. JUSTICE M.M. AGGARWAL,MR. JUSTICE AVNEESH JHINGAN1 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The High Court dismissed the appeal as withdrawn with liberty granted to the revenue to file an application for revival of the appeal as prayed for.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 ITAT's order on merits. Furthermore, the legal issue claimed by the revenue was left open to be adjudicated in an appropriate case. No specific finding on the merits of the case was made.

What were the facts?

The appeal was filed by the Commissioner of Income Tax (Central), Ludhiana (the revenue) against an order of the Income Tax Appellate Tribunal (ITAT). The respondent is M/s Highway Cycle Industries Ltd., Ludhiana (the assessee). The tax effect involved in the appeal was Rs. 7,55,312/-. The appeal was decided on August 23, 2016, by the High Court of Punjab and Haryana at Chandigarh.

What were the issues?

1. Whether the revenue is permitted to withdraw the appeal in view of CBDT Circular No. 21/2015 dated 10.12.2015, and if so, whether liberty can be granted to revive the appeal. The revenue, through its learned counsel, stated that due to the tax effect involved being Rs. 7,55,312/-, it had instructions to withdraw the appeal in accordance with CBDT Circular No. 21/2015. The revenue prayed for liberty to file an application for revival of the appeal if something survived therein. The judgment does not record any arguments from the assessee.

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Sr. No. 415 ITA-79-2001

Decided on : 23.08.2016 Commissioner of Income Tax (Central), Ludhiana ..... Appellant

VERSUS M/s Highway Cycle Industries Ltd., Ludhiana ..... Respondent CORAM: HON'BLE MR. JUSTICE S.J. VAZIFDAR, 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, C.J. (Oral) Learned counsel for the appellant-revenue states that since the tax effect involved is Rs.7,55,312/-, 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 ]

CHIEF JUSTICE 23.08.2016

[ DEEPAK SIBAL ] shamsher JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Shamsher Singh 2016.08.24 17:37 I attest to the accuracy and authenticity of this document Chandigarh

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