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

PDF · subscribers

ITA/85/2008HC Punjab & HaryanaPHHC01080883200827 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The High Court dismissed the appeal as withdrawn.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 reasoning provided is that the appellant-revenue, citing the monetary limits prescribed by CBDT Circular No. 3 of 2018 and Circular No. 17 of 2019, had instructions to withdraw the appeal. The Court granted the liberty sought by the revenue to file an application for revival of the appeal in case circumstances warranted it. The ratio decidendi is that appeals can be withdrawn by the revenue based on prescribed monetary limits, with a possibility of revival under specific conditions. No issue was left undecided, as the appeal was disposed of on the procedural ground of withdrawal.

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). The assessment year(s) are not specified in the provided text. The appeal challenges an order or action by an unspecified authority. The amount in dispute is not stated. The procedural history is that the appellant-revenue, citing CBDT Circular No. 3 of 2018 and Circular No. 17 of 2019, sought to withdraw the appeal due to the tax effect being below the prescribed monetary limit. The revenue requested liberty to revive the appeal if circumstances changed.

What were the issues?

1. Whether the appeal should be dismissed as withdrawn by the appellant-revenue, considering the tax effect is below the monetary limit prescribed by CBDT Circulars No. 3 of 2018 and 17 of 2019. Contentions: Assessee: No arguments are recorded for the assessee. Revenue: The appellant-revenue argued that the tax effect involved is less than the monetary limit prescribed in CBDT Circular No. 3 of 2018, as amended by Circular No. 17 of 2019, and therefore, it has instructions to withdraw the present 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

305-1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** ITA No.85 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 →