Commissioner Of Income Tax-Iii, Ludhiana v. Sh. Avinash Gupta

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.467 of 2006Date of decision: 18.01.2017 Commissioner of Income Tax-III, Ludhiana ....Appellant Versus Sh. Avinash Gupta ....Respondent CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Rajesh Katoch, Advocate, for the appellant.Mr. Rajiv Sharma, Advocate, for the respondent. AJAY KUMAR MITTAL, J.(ORAL) Learned counsel for the appellant-revenue could not dispute thatthe tax effect involved is less than ` 20 lakh. In view of circularNo.21/2015 dated 10.12.2015 issued by the C.B.D.T., New Delhi, learnedcounsel for the appellant prays that he may be allowed to withdraw thisappeal with liberty to the revenue to file an application for revival of theappeal in case something survives therein. 2.Dismissed as withdrawn with liberty as prayed for.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 tobe affirmation 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 18, 2017R.S. (RAMENDRA JAIN)JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No