The Commr. Of Income Tax-Iii Ldh. v. Avinash Gupta

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

ITA No.467 of 2006 Date of decision: 18.01.2017 Commissioner of Income Tax-III, Ludhiana ....Appellant

Versus

Sh. Avinash Gupta ....Respondent CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Rajesh Katoch, Advocate, for the appellant. Mr. Rajiv Sharma, Advocate, for the respondent. AJAY KUMAR MITTAL, J. (ORAL) Learned counsel for the appellant-revenue could not dispute that the tax effect involved is less than ` 20 lakh. In view of circular No.21/2015 dated 10.12.2015 issued by the C.B.D.T., New Delhi, learned counsel for the appellant prays that he may be allowed to withdraw this appeal with liberty to the revenue to file an application 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Dismissed as withdrawn with liberty as prayed for.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 be affirmation of order of the Tribunal on merits. Further, the legal issue as claimed by the revenue is being left open to be adjudicated in an appropriate case.

(AJAY KUMAR MITTAL) JUDGE (RAMENDRA JAIN) January 18, 2017 JUDGE R.S.

Whether speaking/reasoned Yes/No Ravinder Singh 2017.01.19 10:21 I attest to the accuracy and authenticity of this document Whether Reportable Yes/No