Wtax/1167/2023 Of Kailas Nath Dwivedi v. Income Tax Officer Ward - 3(2) And 2 Others

Court No. - 3 Case :- WRIT TAX No. - 1167 of 2023 Petitioner :- Kailas Nath DwivediRespondent :- Income Tax Officer Ward - 3(2) And 2 OthersCounsel for Petitioner :- Abhishek ShuklaCounsel for Respondent :- Gaurav Mahajan Hon'ble Siddhartha Varma,J.Hon'ble Shekhar B. Saraf,J. 1. It has been stated by learned counsel for the petitioner that afteran order was passed under Section 147 read with Section 148 ofthe Income Tax Act, 1961, the petitioner has filed an appeal andthe appeal has also been decided. However, the appeal against thepenalty portion is still pending. 2. Learned counsel for the petitioner prays that the present writpetition may be dismissed as withdrawn with liberty to thepetitioner to pursue his appeal. 3. Accordingly, the writ petition is dismissed as withdrawn withthe aforesaid liberty. Order Date :- 2.12.2023Rakesh (Shekhar B. Saraf, J.) (Siddhartha Varma, J.)