Commissioner Of Income Tax-V v. Jalpa Specific Family Trust

IN THE HIGH COURT OF GUJARAT AT AHMEDABADR/TAX APPEAL NO. 221 of 2010 ========================================================== COMMISSIONER OF INCOME TAX-V VersusJALPA SPECIFIC FAMILY TRUST ========================================================== Appearance:M R BHATT & CO.(5953) for the Appellant(s) No. 1MR BANDISH SOPARKAR WITH MRS SWATI SOPARKAR(870) for the Opponent(s) No. 1 ========================================================== CORAM: HONOURABLE MS. JUSTICE SONIA GOKANIandHONOURABLE MS. JUSTICE NISHA M. THAKOREDate : 14/12/2021ORAL ORDER (PER : HONOURABLE MS. JUSTICE SONIA GOKANI) 1. This appeal had been admitted for consideration of following substantial questions of law on 09.05.2011: “Whether the Appellate Tribunal is right in law and onfacts in holding that the assessee earned long termcapital gains on sale of warrants and not short termcapital gains on sale of shares?” “Whether the Appellate Tribunal’s finding that thetransaction date was 01/04/2000 and not 23/12/2000, isperverse as it does not take into consideration theevidence found during the search?” 2.The communication dated 08.12.2021 from the office of the learned senior advocate, Mr.Bhatt indicates that the assessee has availed the benefit under the Direct Tax Vivad se Vishwas Act, 2020 by filing the application under Form-3 and Form-4 which depict the payment of taxes. Hence, the Principal Commissioner of Income Tax-1, Ahmedabad has requested for withdrawal of theTax Appeal. 3.We have heard the learned senioradvocate, Mr.Bhatt and learned advocate,Mr.Bandish Soparkar. 4.Considering the request of Principal Commissioner of Income Tax-1, Ahmedabad, the Tax Appeal is permitted to be withdrawn without entering into the question of law which are kept open to be adjudicated inappropriate matter at a future date. 5.Present Tax Appeal is disposed of aswithdrawn. (SONIA GOKANI, J) (NISHA M. THAKORE,J)