The Commissioner Of Income Taxii, Jabalpur v. Birla Ericsson Optical Ltd

psm/- THE HIGH COURT OF MADHYA PRADESH ITA No.119/2012 -(The Commissioner of Income TaxII, Jabalpur vs. Birla Ericsson Optical Ltd.) Jabalpur, Dated :08.11.2019 Mr. Sanjay Lal, Advocate for the appellant. Mr. Sapan Usrethe, Advocate for the respondent. I.A. No.13872/2019 for withdrawal of the appeal. Learned counsel for the appellant-revenue states that sincethe tax effect involved is Rs.74,68,813/- he has instructions towithdraw the present appeal in view of the Circular No.17/2019dated 8.8.2019 issued by the Government of India, Ministry ofFinance, Department of Revenue, Central Board of Direct Taxes(Judicial Section), New Delhi. However, he prayed that liberty begranted to the Revenue to file an application for revival of theappeal, in case something survives therein. In view of above, I.A. No13872/2019 is allowed. Accordingly, this appeal is dismissed as withdrawn with liberty as prayed for. It is, however, clarified that withdrawal ofthe appeal by the Revenue shall not be taken to be affirmation oforder of the Tribunal on merits. Further, the legal issue as claimedby the Revenue is being left open to be adjudicated in anappropriate case. (Ajay Kumar Mittal) (Sanjay Yadav) Judge Chief Justice