Cit, Faridabad v. Anil Jain, Civil Lines, Gurgaon

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ITA No. 393 of 2009 (O&M) Decided on : 25.01.2016 Commissioner of Income Tax, Faridabad . . . Appellant

Versus

Anil Jain . . . Respondent CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MRS. JUSTICE RAJ RAHUL GARG PRESENT: Mr. Tajender K. Joshi, Advocate for the appellant-revenue.

Ms. Radhika Suri, Sr. Advocate with Ms. Rinku Dahiya, Advocate for the respondent-assessee.

**** AJAY KUMAR MITTAL, J. (Oral) Learned counsel for the appellant-revenue states that since the tax effect involved is ` 9,88,206/-, he has instructions to withdraw the present appeal in view of the circular No.21/2015, dated 10.12.2015 issued by the C.B.D.T., New Delhi. However, he prayed that liberty be granted 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Dismissed as withdrawn with liberty as prayed for.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 (RAJ RAHUL GARG) January 25, 2016 JUDGE J.Ram JAWALA RAM 2016.02.01 16:36 I attest to the accuracy and authenticity of this document Chandigarh