The Commissioner Of Income Tax-I, Chandigarh v. M/S Asia Resorts Ltd

IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH ITA No. 503 of 2008 Decided on : 17.02.2016 The Commissioner of Income Tax-I, Chandigarh Versus M/s Asia Resorts Ltd. . . . Appellant . . . Respondent CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTALHON'BLE MRS. JUSTICE RAJ RAHUL GARG PRESENT: Ms. Urvashi Dhugga, Advocatefor the appellant-revenue. Mr. B.M. Monga, Advocate forMr. S.K. Mukhi, Advocatefor the respondent-assessee. **** AJAY KUMAR MITTAL, J. (Oral) It has been reported by the office that the case file of ITA No. 503of 2008 has been burnt in fire incident. 2.Learned counsel for the appellant-revenue has furnished herpaperbook in Court today, on the basis of which, the Court file has beenreconstructed. 3.Learned counsel for the appellant-revenue states that since the taxeffect involved is ` 11,43,957/-, she has instructions to withdraw the presentappeal in view of the circular No.21/2015, dated 10.12.2015 issued by theC.B.D.T., New Delhi. However, she prayed that liberty be granted to therevenue to file an application for revival of the appeal in case somethingsurvives therein. 4.Dismissed as withdrawn with liberty as prayed for.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 asclaimed by the revenue is being left open to be adjudicated in an appropriatecase. (AJAY KUMAR MITTAL) JUDGE (RAJ RAHUL GARG) JUDGE