Commissioner Of Income Tax-Il, Chandigarh v. M/S Cheema Bollers Ltd

IN THE HIGH COURT OF PUNJAB AND HARYANAATCHANDIGARH ITA No. 145 of 2012 (O&M)Decided on : 18.03.2016 Commissioner of Income Tax-Il, Chandigarh .. Appellant Versus M/s Cheema Bollers Ltd. ... Respondent CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTALHON'BLE MRS. JUSTICE RAJ RAHUL GARG PRESENT: Ms. Urvashi Dhugga, Advocate for the appellant. None for the respondent. **** AJAY KUMAR MITTAL, J. (Oral) Learned counsel for the appellant-revenue very fairly submitted thatthough the tax effect as mentioned in the appeal filed before this Court is |20,01,030/- but the same is comprising of interest under Section 234-B of theIncome Tax Act (for short 'the Act’), amounting to“46,33,795/- and under Section234-C of the Act, amounting to “1,41,815/- as has been stated in calculationmadeby the Assessing Officer in the assessment order (Annexure A1)2 It is not disputed that the tax effect involved in the present case 1s412,25,420/-, she has instructions to withdraw the present appeal in view ofthe circular No.21/2015, dated 10.12.2015 issued by the C.B.D.T., New Delhi.However, she prayed that liberty be granted to the revenue to file anapplication for revival of the appeal in case something survives therein.3.Dismissed as withdrawn with liberty as prayed for.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 March 18, 2016smritl (RAJ RAHUL GARG)JUDGE