Pr. Commissioner Of Income Tax, Bathinda v. M/S Bhalaria Constructions

IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH ITA No. 307 of 2015 Decided on : 19.07.2018 Pr. Commissioner of Income Tax, Bathinda Versus M/s Bhalaria Constructions . . . Appellant(s) . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTALHON'BLE MR. JUSTICE AVNEESH JHINGAN PRESENT: Mr. Denesh Goyal, Sr. Standing Counselfor the appellant(s). Mr. Sachin Bhardwaj, Advocatefor the respondent(s). **** AJAY KUMAR MITTAL, J. (Oral) Learned counsel for the appellant-revenue states that since the tax effect involved is ` 37,91,570/-, he has instructions to withdraw the present appeal in view of the circular No.03/2018, dated 11[th] July, 2018, issued by the C.B.D.T., New Delhi. However, he prayed that liberty be granted to the revenue to file an application for revival of the appeal in case something survives therein. 2.Dismissed as withdrawn with liberty as prayed for. It is, however, clarified that withdrawal of the appeal by the revenue shall not be taken to be affirmation of order of the Tribunal on merits. Further, the legal issue as claimed by the revenue is being left open to be adjudicated in an appropriate case. (AJAY KUMAR MITTAL)JUDGE July 19, 2018 J.RamWhether speaking/reasoned: Yes/NoWhether Reportable: Yes/No (AVNEESH JHINGAN)JUDGE