Commissioner Of Income Tax, Faridabad v. M/S Blue Precision Ltd

ITA-523-2008 (O&M) -|- 102 IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH ITA-523-2008 (O&M)Date of decision : 14.09.2017 Commissioner of Income Tax, Faridabad Versus ... Appellant(s) M/s Blue Precision Ltd. ... Respondent(s) CORAM:HON'BLE MR. JUSTICE AJAY KUMAR MITTALHON'BLE MR. JUSTICE AMIT RAWAL Present:Mr. Rajat Garg, Advocate forMr. Tajender K. Joshi, Sr. Standing Counsel for the appellant. FE 28 AJAY KUMAR MITTALb J.(QRAL)CM;12828FCllm2017 This is an application under Section 151 of the Code of CivilProcedure for permission to withdraw the ITA No.523 of 2008 in referenceto Circular No.21/2015 dated 10.12.2015, issued by the Central Board ofDirect Tax (in short 'CBDT’). ?DIt has been averred in the application that the CBDT has issueda Circular No.21/2015 dated 10.12.2015, directing to withdraw all theappeals pending before High Court, wherein, the tax effect is below413Lakhs. The tax effect in the present case is below420 Lakhs and therefore,the same is covered under the aforesaid circular. It has further been pleadedin the application that a letter dated 02.05.2017 was also received in this ITA-523-2008 (O&M) -?). regard from the office Principal Commissioner of Income Tax, Faridabad.However, he prayed that liberty be granted to the revenue to file an applicationfor revival of the appeal in case something survives therein, 3,After hearing the learned counsel for the applicant/appellantand perusing the averments made in the application, which is supported byan affidavit, the application is allowed and the appeal is ordered to bedismissed as withdrawn with liberty as prayed for. CM stands disposed of accordingly. ITA5232008 In view of the order of even date passed in CM No.12828-CIIof 2017, the present appeal is dismissed as withdrawn with libertyas prayedfor. It is, however, clarified that withdrawal of the appeal by the revenue shallnot be taken to be affirmation of order of the Tribunal on merits. Further, thelegal issue as Claimed by the revenue is being left open to be adjudicated in anappropriate case. (AJAY KUMAR MITTAL )-JUDGE 14.09.2017Yogesh Sharma ( AMIT RAWAL) >JUDGE Whether speaking/reasonedYes/ No Whether Reportable Yes/ No