Ita/68/2003 Of Commissioner Of Income Tax v. Amarinder Singh

IN THERE HIGH COURT OR PUNJAB AND HARYANA|AT CHANDIGARH ITA No. 68 of 2003 (O&M) Date of Decision: 11.05.2016 The Commissioner of Income-Tax, Patiala| ....... Appellant *#+&,& Sh. Amarinder Singh ....Respondent CORAM: HON'BLE MR. JUSTICK RAJESH BINDALHON'BLE MR. JUSTICE HARINDER SINGH SIDHU Present:Mr. Zora Singh Klar, Advocatefor the appellant. RAJESH BINDAL,J. This appeal has been filed under Section 260 A of the IncomeTax Act, 1961 (for short ‘the Act’), against the order dated9.10.2002 passed by the Income Tax Appellate Tribunal, Chandigarh Bench(A) Chandigarh, in ITA No. 587/Chandi/97, for the assessment year 1994-95, raising the following substantial question of law: Whether on the facts and in the circumstances of thecase, the ITAT was right in law in directing theAssessing Officer to exclude the income of PrinceRaninder Singh Trust, income from properties inheritedby the assessee and income from other sources, from theassessee's income assessed in his individual status? ITA No. 68 of 2003 (O&M) Learned counsel for the appellant-revenue submitted that inview oft circular No21/2015 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, as thetax effect involved is less thanLy20 lacs. However, he prays that liberty begranted to the revenue to file an application for revival of the appeal in casesomething survives therein. Dismissed as not pressed with liberty as prayed for. It ishowever, clarified that withdrawal of the appeal by the revenue shall not betaken as affirmation of order of the Tribunal on merits. The legal issue asclaimed by the revenue is left open to be adjudicated in an appropriate case, (RAJESH BINDAL)JUDGE 11.05.2016T@eIN (HARINDER SINGH SIDHU)JUDGE