Ita/73/2002 Of Commissioner Of Income Tax,Bathinda v. M/S Saraf Electricals Pvt.ltd

ITA No. 73 of 2002 (O&M) -|- IN THE HIGH COURT QORKR PUNJAB AND HARYANA.AT CHANDIGARH ITA No. 73 of 2002 (O&M) Date of Decision: 11.04.2016 The Commissioner of Income Tax, Bathinda ....... Appellant *"+%,% M/s Sarat Electricals Pvt. Ltd. ...... Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDALHON'BLE MR. JUSTICE HARINDER SINGH SIDHU Present:Mr. C.S. Singh Advocate forMr. G.S. Hooda, Advocate forfor the appellant. Mr. Akshay Bhan, Sr. Advocate withMr. Alok Mittal, Advocate for the respondent. RAJESH BINDAL,J. This appeal has been filed under Section 260 A of theIncome Tax Act, 1961 (for short ‘the Act’), against the order dated23.10.2001 passed by the Income Tax Appellate Tribunal, AmritsarBench, Amritsar, in ITA No. 431(ASR)/2000, for the assessment year1997-98, raising the following substantial question of law; (1) Whether the Tribunal was right in holding that there was no difference in making the newtransformers as well as_ repairing of oldtransformers? (ii) Whether the Tribunal was right in allowingdeduction u/s SO-HH and S80O-I to the assessecompany under the given facts and circumstances? Learned counsel for the appellant-revenue submitted thatin view of 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, asthe tax effect involved 1s less than=a20 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. The legalissue aS Claimed by the revenue is left open to be adjudicated in anappropriate case. (RAJESH BINDAL)JUDGE 11.04.2016TEe M (HARINDER SINGH SIDHU)JUDGE