Pr. Commissioner Of Income Tax (Central), Gurgaon v. Shri H.s.chadha

IN THE HIGH COURT OF PUNJAB AND HARYANAATCHANDIGARH CM No. 2687-CI1[-2016 in/andITA No. 363 of 2015 (O&M)Decided on : 18.03.2016 Pr. Commissioner of Income Tax (Central), Gurgaon .. Appellant Versus Shri H.S.Chadha ... Respondent CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTALHON'BLE MRS. JUSTICE RAJ RAHUL GARG PRESENT: Mr. Rajesh Sethi, Sr. Standing counsel withMs. Pridhi Jaswinder Sandhu, Advocatefor the appellant.Mr. B.M.Monga, Advocatefor the applicant-respondent. ---- AJAY KUMAR MITTAL, J. (Oral) Notice of this application. 2.At the asking of the Court, Mr. Rajesh Sethi, Advocate, acceptsnotice on behalf of the non-applicant/appellant. 3,At the joint request of learned counsel for the parties the main case istaken up for today. 4Learned counsel for the appellant-revenue states that since the taxeffect involved in the present case is=12,50,000/-, he has instructions to withdrawthe present appeal in view of the circular No.21/2015, dated 10.12.2015 issued bythe C.B.D.T., New Delhi. However, he prayed that liberty be granted to therevenue to file an application for revival of the appeal in case something survivestherein| 5,Dismissed as withdrawn with liberty as prayed for.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 beaffirmation of order of the Tribunal on merits. Further, the legal issue as claimedby the revenue is being left open to be adjudicated in an appropriate case. (AJAY KUMAR MITTAL)JUDGE March 18, 2016smritl (RAJ RAHUL GARG)JUDGE