M/S Bhagwati Products Limited v. Income Tax Officer,

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1386/2018 & CM Nos.5771-72/2018 M/S BHAGWATI PRODUCTS LIMITED ..... Petitioner Through:

Mr. Kapil Goel & Mr. Ankit Gupta, Advocates versus INCOME TAX OFFICER, ..... Respondent Through:

Mr. Zoheb Hossain, Senior Standing Counsel

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 13.02.2018 After some hearing, learned counsel for the petitioner seeks permission to withdraw the present petition and invoke the alternative remedy by filing an appeal before the Commissioner of Income Tax (Appeals).

We take the above statement on record and the writ petition is dismissed as withdrawn, with liberty as prayed. In case the appeal is filed within fifteen days, the same would not be dismissed on the ground of limitation. We also clarify that in case the petitioner wants stay of the recovery, they will have to follow the procedure prescribed under the Income Tax Act, 1961. The pending applications are also dismissed as withdrawn. We have not made any observations on merits.

SANJIV KHANNA, J CHANDER SHEKHAR, J FEBRUARY 13, 2018/tp