Principal Commissioner Of Income Tax (Central), Gurgaon v. Shri Amit Katyal

ITA3882017 -|- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. LITA-388-2017Date of Decision: 5.9.2018 Principal Commissioner of Income Tax (Central), Gurgaon Versus ...Appellant. Shri Amit Katyal ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL.|HON'BLE MR. JUSTICE AVNEESH JHINGAN.HON'BLE MR. JUSTICE AVNEESH JHINGAN. PRESENT: Mr. Rajesh Sethi, Sr. Standing Counsel with Ms. Pridhi Jaswinder Sandhu, Advocate and|Mr. Arun Biriwal, Advocate for the appellant.Mr. Arun Biriwal, Advocate for the appellant. None for the respondent. AJAY KUMAR MITTAL5JD.| 1.Learned counsel for the appellant-revenue states that since thetax effect involved 1s43,56,800/-, he has instructions to withdraw thepresent appeal in view of Circular No.03/2018, dated 11[th]July, 2018, issuedby the Central Board of Direct Taxes, New Delhi. However, he has prayedthat liberty be granted to the revenue to file an application for revival of theappeal in case something survives therein. oODismissed as withdrawn with liberty as prayed for. It is,however, clarified that withdrawal of the appeal by the revenue shall not betaken to be affirmation of order of the Tribunal on merits. Further, the legalissue aS claimed by the revenue is being left open to be adjudicated in anappropriate case. 3 Learned counsel for the revenue submitted that 39 appeals, 1.e. ITA3882017 -). ITA Nos. 128, 132, 133, 138 to 149, 152, 159 to 161, 331 to 334, 337, 364|to 368, 384 to 386, 391, 394, 441, 546, 557 of 2017, 36 and 38 of 2018 havebeen filed by the Department involving the identical issue for the differentassessment years where the tax effect involved in each appeal is less than450 lakhs, the monetary limit prescribed by Circular No. 03/2018 dated|11.7.2018. It was stated that though the aforesaid appeals are against thedifferent composite orders passed by the Tribunal and at the time of filing ofthe appeal(s) in the High Court, the same were governed by Circular No.21/2015 dated 10.12.2015 issued by the CBDT, whereas, now after issuanceof Circular No. 03/2018, dated 11[th]July, 2018 by the CBDT, the aforesaid|appeals would be governed by it now. It was further stated that the aforesaid39 appeals are fixed for 15.10.2018 as a bunch matter and a prayer forpreponing the hearing to some early date has been made. 4AAt the oral request of learned counsel for the revenue, the dateof hearing in all the aforesaid appeals is preponed trom 15.10.2018 to18.9.2018. Office to list the aforesaid appeals on 18.9.2018. Counsel for theassessee be informed about the date f1xed. 5 _A copy of this order be placed on the files of the aforesaidappeals. | (AJAY KUMAR MITTAL)JUDGE) September 5, 2018 (AVNEESH JHINGAN)JUDGE 1?" Whether Speaking/ReasonedWhether Reportable Yes/No.Yes/No.