The Commissioner Of Income Tax, Faridabad v. M/S Hindustan Iron Store

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARHwhe ae al ITA No. 333 of 2005 (O&M)Date of decision: 11.04.2016...Appellant The Commissioner of Income Tax, Faridabad Vs. M/s Hindustan Iron Store ...Respondent CORAM: HON'BLE MR. JUSTICK AJAY KUMAR MITTALHON'BLE MRS. JUSTICEK RAJ RAHUL GAR Present :Ms. Kaavya Jariyal, Advocate for Mr. Tajender K. Joshi, Advocatefor the appellant.for the appellant. Mr. Sanjay Bansal, Sr. Advocate with Mr. Rohit Kaura, Advocatefor the respondent. !!!!! AJAY KUMAR MITTAL, J. (Oral) Learned counsel for the appellant-revenue states that since thetax effect involved is=a12,50,000/-she has instructions to withdraw thepresent appeal in view of the circular No. 21/2015, dated 10.12.2015 issuedby the C.B.D.T., New Delhi. However, she prayed that liberty be granted tothe revenue to file an application for revival of the appeal in case somethingsurvives therein. |Dismissed as withdrawn with liberty as prayed for. It 1s,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 1s being left open to be adjudicated in anappropriate case.| (AJAY KUMAR MITTAL)JUDGE 11.04.2016WdaSse (RAJ RAHUL GARG)JUDGE