Averina International Resorts Ltd., Margao, Goa v. Asst. Commissioner Of Income Tax, Margao, Goa

IN THE HIGH COURT OF BOMBAY AT GOA TAX APPEAL NO. 23 OF 2006 AVERINA INTERNATIONAL RESORTS LTD., MARGAO, GOA. Versus ....Appellant ASST. COMMISSIONER OF INCOME TAX, MARGAO, GOA. ....Respondent Mr. R. Srinivasan with Mr. Sudin M. S. Usgaonkar, Advocates for theAppellant. P.C.: -Coram:V.C.DAGA &N. A. BRITTO, JJ.-Date:31st July, 2006 Heard learned counsel for the Appellant. Perused appeal memo. Learned counsel for the appellant submits that their representative didnot concede the issue before the Tribunal; that issue was covered againstappellant. The learned counsel for the appellant, seeks permission to withdrawthis appeal with liberty to move the Tribunal to seek deletion of thefollowing observations made by the Tribunal. Observations read asunder :- " The learned authorized representative fairly conceded that the issuestood squarely covered against the assessee by the aforesaid decision ofthe Hon'ble Himachal Pradesh High Court cited supra." In the above view of the matter appellant is permitted to withdraw theappeal with liberty to move for rectification. In the result, appeal is dismissed as withdrawn with liberty reserved infavour of the appellant. V.C.DAGA, J. sl. N. A. BRITTO, J.