Commissioner Of Income Tax, Chandigarh-Ii v. M/S Mount Inn Resorts Pvt. Ltd

IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH ITA No. 900 of 2008 (O&M) Decided on : 29.02.2016 Commissioner of Income Tax, Chandigarh-II Versus M/s Mount Inn Resorts Pvt. Ltd. . . . Appellant . . . Respondent CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTALHON'BLE MR. JUSTICE HARI PAL VERMA PRESENT: Ms. Urvashi Dhugga, Advocatefor the appellant-revenue. **** AJAY KUMAR MITTAL, J. (Oral) CM No. 25543-CII of 2008 The appellant is permitted to make good the deficiency in Court fee. CM stands disposed of. ITA No. 900 of 2008 Learned counsel for the appellant-revenue states that as per theorder of assessment dated 11.02.2005 (Annexure A-1), the tax effect is`16,10,000/-, which is below the monetary limit prescribed in the circularNo.21/2015, dated 10.12.2015 issued by the C.B.D.T., New Delhi. Shesubmitted that in view of the aforesaid circular, she has instructions towithdraw the present appeal. However, she prayed that liberty be granted tothe revenue to file an application for revival of the appeal in case somethingsurvives therein. 2.Dismissed as withdrawn with liberty as prayed for.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 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 J.Ram (HARI PAL VERMA) JUDGE