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Ita/120/2017 Of Principal Commissioner Of Income Taxi v. M/S. Pheonexx Poultry

High Court 27 Nov 2019 In favour of: Assessee

Forum / Bench

High Court · mphc_db_jbp

Parties

Date of order

27 Nov 2019

Assessment year(s)

—

Outcome

Dismissed

Case summary

In Ita/120/2017 Of Principal Commissioner Of Income Taxi v. M/S. Pheonexx Poultry, the High Court (2019) dismissed the appeal. The decision went in favour of the assessee.

Decision: Accordingly, this appeal is dismissed as withdrawn with liberty asprayed for.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.

The order — as passed by the High Court

The High Court Of Madhya PradeshITA-120-2017 (PRINCIPAL COMMISSIONER OF INCOME TAXIVs M/S. PHEONEXX POULTRY) [27][-][11][-][2019]Jabalpur, Dated :Jabalpur, Dated : Shri Sanjay Lal, Advocate for the appellant/Revenue. Learned counsel for the appellant-revenue states that since the taxeffect involved is Rs.71,10,375/-, he has instructions to withdraw the presentappeal in view of the Circular No.17/2019 dated 8.8.2019 issued by theGovernment of India, Ministry of Finance, Department of Revenue, CentralBoard of Direct Taxes (Judicial Section), New Delhi. However, he prayed thatliberty be granted to the Revenue to file an application for revival of theappeal, in case something survives therein. Accordingly, this appeal is dismissed as withdrawn with liberty asprayed for. It is, however, clarified that withdrawal of the appeal by theRevenue shall not be taken to be affirmation of order of the Tribunal onmerits. Further, the legal issue as claimed by the Revenue is being left open tobe adjudicated in an appropriate case. (AJAY KUMAR MITTAL)(VISHNU PRATAP SINGH CHAUHAN)CHIEF JUSTICEJUDGE C

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