Principal Commissioner Of Income Tax, Faridabad v. Shri Devesh Kumar

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ITA-184-2015 Date of Decision: 5.9.2018 Principal Commissioner of Income Tax, Faridabad Versus ...Appellant. Shri Devesh Kumar ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL.HON'BLE MR. JUSTICE AVNEESH JHINGAN. PRESENT: Mr. Arun Sharma, Advocate for Mr. Tajender K. Joshi, Sr. Standing Counsel for the appellant. Mr. Amit Parsad, Advocate for the respondent. AJAY KUMAR MITTAL, J. 1.Affidavit dated 4.9.2018 of respondent filed in Court today istaken on record. As per the affidavit, tax effect in this case is ` 33,32,900/-which is not controverted by the learned counsel for the revenue. 2.In view thereof, learned counsel for the appellant-revenuestates that he has instructions to withdraw the present appeal in view ofCircular No.03/2018, dated 11[th] July, 2018, issued by the Central Board ofDirect Taxes, New Delhi. However, he has prayed that liberty be granted tothe revenue to file an application for revival of the appeal in case somethingsurvives therein. 3.Dismissed as withdrawn with liberty as prayed for.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. (AJAY KUMAR MITTAL) JUDGE September 5, 2018gbs (AVNEESH JHINGAN) JUDGE Whether Speaking/ReasonedWhether Reportable Yes/NoYes/No