COMMISSIONER OF INCOME TAX-2 LDH. vs. M/S HERO CYCLES LTD. LDH.

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ITA/81/2017HC Punjab & HaryanaPHHC01117823201727 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The High Court dismissed the appeal as withdrawn.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 informed the court that due to the tax effect being below the monetary limits prescribed by CBDT Circular No. 3 of 2018, as amended and clarified by subsequent circulars and letters, they had instructions to withdraw the appeal. The court granted liberty to the appellant-revenue to file an application for revival of the appeal if circumstances warranted it. The reasoning for the dismissal is solely based on the revenue's decision to withdraw the appeal in light of the CBDT's monetary limits for filing appeals. No decision on the merits of the case was made.

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 specific assessment year(s) and the order or action under challenge are not detailed in this excerpt. The procedural history is limited to the present appeal before the High Court. The revenue's counsel stated that the tax effect was below the monetary limit prescribed by CBDT Circular No. 3 of 2018, as amended by Circular No. 17 of 2019 and further clarified by Letter No. F.No.279/Misc/M-93/2018-ITJ dated 20.08.2019.

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 Whether the appeal should be withdrawn by the revenue due to the tax effect being below the prescribed monetary limit. The appellant-revenue argued that the tax effect involved in the appeal was less than the monetary limit stipulated in CBDT Circular No. 3 of 2018, subsequently amended by Circular No. 17 of 2019 and clarified by 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. The judgment does not record any arguments from the respondent-assessee.

AI-generated summary — verify with the full judgment below

305-4 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** ITA No.81 of 2017 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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