Commissioner Of Income Tax (Central), Ludhiana v. Sh. Sanjay Khanna

IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH ITA No. 723 of 2010 (O&M)Decided on : 21.01.2016 Commissioner of Income Tax (Central), Ludhiana Versus Sh. Sanjay Khanna ... Appellant ... Respondent CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTALHON'BLE MRS. JUSTICE RAJ RAHUL GARG PRESENT: Mr. Rajesh Katoch, Advocate for the appellant. **** AJAY KUMAR MITTAL, J. (Oral) [earned counsel for the revenue states that as per assessmentorder for the assessment year 1998-99 (Annexure A1), the total tax payableby the assessee was=8,43,931/-. However, the same has been calculated tobe418,16,082 in the appeal after including the interest chargable underSections 234A, 234B and 234C of Income Tax Act, 1961. It was notdisputed that in either situation, the tax effect is less than 420) lacs?DLearned counsel for the appellant-revenue states that since the taxeffect involved is less than420. lakh, the present appeal be dismissed aswithdrawn in view of the circular No.21/2015, dated 10.12.2015 issued by theC.B.D.T., New Delhi. However, he prayed that liberty be granted to therevenue to file an application for revival of the appeal in case somethingsurvives therein. 3.Dismissed as withdrawn with liberty as prayed for.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 beaffirmation of order of the Tribunal on merits. Further, the legal issue asclaimed by the revenue is being left open to be adjudicated in an appropriateCase. (AJAY KUMAR MITTAL)JUDGE January 21, 2016 smriti (RAJ RAHUL GARG)JUDGE