Ita/194/2006 Of Commr. Of Income Tax v. Amandeep Singh

ITA No. 194 of 2006 (O&M) -|- IN THE HIGH COURT OR PUNJAB AND HARYANA|AT CHANDIGARH ITA No. 194 of 2006 (O&M) Date of Decision: 29.03.2016 Commissioner of Income Tax, Ludhiana-I, Ludhiana ....... Appellant *#+&,& Shri Amandeep Singh ...... Respondent CORAM: HON'BLE MR. JUSTICK RAJESH BINDAL,HON'BLE MR. JUSTICE HARINDER SINGH SIDHU Present:Mr. Rajesh Katoch, Advocatefor the appellant. RAJESH BINDAL,J. This appeal has been filed under Section 260 A of theIncome Tax Act, 1961 (for short 'the Act’), against the order dated28.6.2005 passed by the Income Tax Appellate Tribunal, ChandigarhBench (B), in IT (SS) A. No.63/CHD/2002, for the Block Asstt,Period from 1.4.87 to 24.3.98, raising the following substantialquestion of law: (i) Whether on the facts and law, the Hon'bleIncome Tax Appellate Tribunal was legally justifiedto hold the assessment order as barred by limitationwith reference to the date of judgment of Hon'bleHigh Court's order or the date of receipt of the saidorder by the Department? Learned counsel for the appellant-revenue submitted thatin view of circular No.21/2015 dated 10.12.2015 read with circularNo.279/Misc/M-142/2007-ITJ (Part) dated 8.3.2016, issued by CentralBoard of Direct Taxes, he does not wish to press the present appeal, asthe tax effect involved is less than ©|20 lacs. However, he prays thatliberty be granted to the revenue to file an application for revival of theappeal in case something survives therein, Dismissed as not pressed with liberty as prayed for. It ishowever, clarified that withdrawal of the appeal by the revenue shallnot be taken as affirmation of order of the Tribunal on merits. Thelegal issue as claimed by the revenue is left open to be adjudicated inan appropriate case, (RAJESH BINDAL)JUDGE 29.03.2016T@eIN (HARINDER SINGH SIDHU)JUDGE