The Commissioner Of Income Tax-Ii, Amritsar v. M/S. Swaran Industries

IN THE HIGH COURT OF PUNJAB AND HARYANAAT CHANDIGARH ITA No. 56 of 2007 (O&M)Decided on : 28.01.2016 The Commissioner of Income Tax-II, Amritsar Versus M/s. Swaran Industries ... Appellant ... Respondent CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITIALHON'BLE MRS. JUSTICE RAJ RAHUL GARG PRESENT: Mr. Denesh Goyal, Advocatefor the appellant. Mr. Divya Suri, Advocate &Mr. Madhur Sharma, Advocatefor the respondent. ++++ AJAY KUMAR MITTAL, J. (Oral) It was not disputed by the learned counsel for the parties thattotal tax and interest payable as determined by the Assistant Commissionerof Income Tax, Cuircle-IV, Amritsar, was412,96,954/-. In suchcircumstances, it was not controverted by learned counsel for the appellantthat the case is covered by the circular No.21 of 2015 dated 10.12.2015,issued by the C.B.D.T., New Delhi, as the tax effect is less than=20 lacs.Therefore, in view of the aforesaid circular, the present appeal may bedismissed as withdrawn.However, liberty be granted to the revenue to file anapplication for revival of the appeal in case something survives therein.2.Dismissed as withdrawn with liberty as prayed for.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 JIribunal on merits. Further, the legal issue aclaimed by the revenue is being left open to be adjudicated in an appropriateCase. (AJAY KUMAR MITTAL)JUDGE January 28, 2016 smriti (RAJ RAHUL GARG)JUDGE