In Wp(C)/2427/2019 Of Maleskunnel Philip Varghese v. The Deputy Commissioner Of Income-Tax Central Circle, the High Court (2019) decided the matter.
Decision: The writ petition is accordingly disposed of as withdrawn.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
02. 24.07.2019
Learned counsel for the petitioner seeks permission to withdraw this writ petition since he has already filed appeal before the appellate authority. Hence, he does not want to proceed with this writ petition to enable him to pursue the appeal.
It is, however, contended that there might be some delay in filing the appeal.
Taking into consideration the submissions made, it is directed that the appellate forum while considering the petition for condonation of delay, if any, shall take into consideration the fact that the petitioner has approached this Court on a bona fide mistake and the writ application was pending before this Court since 29.01.2019.
The writ petition is accordingly disposed of as withdrawn.
Urgent certified copy of this order be granted on proper application.
.��..........����( K.S. Jhaveri ) Chief Justice
AKK
������.��.. ( K.R. Mohapatra ) Judge
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