Commissioner Of Income Tax, Jalandhar-Ii, Jalandhar v. Saroj Singhania

IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH ITA No. 333 of 2007 Decided on : 25.01.2016 Commissioner of Income Tax, Jalandhar-II, Jalandhar Versus Saroj Singhania . . . Appellant . . . Respondent CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTALHON'BLE MRS. JUSTICE RAJ RAHUL GARG PRESENT: Mr. Vivek Sethi, Advocatefor the appellant-revenue. Mr. Divya Suri, Advocate and Mr. Sachin Bhardwaj, Advocatefor the respondent. **** AJAY KUMAR MITTAL, J. (Oral) Learned counsel for the appellant-revenue states that since the taxeffect involved is ` 8,05,347/-. Although he has no instructions to withdrawthe present appeal but keeping in view of the circular No.21/2015, dated10.12.2015 issued by the C.B.D.T., New Delhi, the present appeal may bedismissed as withdrawn. However, liberty be granted to the revenue to file anapplication for revival of the appeal in case something survives therein. 2.Dismissed as withdrawn with liberty as prayed for.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 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 25, 2016 J.Ram (RAJ RAHUL GARG) JUDGE