Ita/10/2017 Of Pr.commissioner Of Income Tax,Bhubaneswar v. M/S.utkal Alumina International Ltd

04. 04.12.2019 Heard learned Senior Standing Counsel for the appellant-Income Tax Department and Mr. Adhiraj Mohanty, learned counsel for the respondent. 2. By way of this appeal, the appellant-Income Tax Department has challenged the order dated 15.02.2017 passed by learned Income Tax Appellate Tribunal, Cuttack Bench, Cuttack (hereinafter referred to as “the Tribunal”) in ITA No.322/CTK/2015 allowing the appeal filed by the assessee. 3. In course of hearing, learned Senior Standing Counsel for the appellant-Income Tax Department seeks permission to withdraw this appeal with liberty to the appellant-Income Tax Department to file petition before the Tribunal for review of the impugned order. 4. In view of the above, this appeal stands disposed of as withdrawn with liberty to the appellant-Income Tax Department to file review petition within 30 (thirty) days from today. If such review petition is filed, the Tribunal, while considering the application for condonation of delay in filing the review petition, shall take into consideration the period lapsed by the appellant-Income Tax Department in this Court by filing this appeal i.e. from 27.06.2017 till date. 5. However, we make it clear that this Court has not expressed any opinion on the merit of main case and the Tribunal shall hear and dispose of the review petition on its own merit in accordance with law. Misc. Case(s)/I.A(s) connected to this appeal, if any, is/are also disposed of accordingly. Urgent certified copy of this order be granted as per the Rules. .…….......……………… ( K.S. Jhaveri ) Chief Justice …………………..……… (K.R. Mohapatra) Judge