Commissioner Of Income-Tax Patial v. M/S H.K. Associates 1 Kandhari Vill Bhupinder

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH ITA No. 90 of 2012 (O&M) & XOBJC No. 51-CII of 2014 Decided on : 19.07.2018 Commissioner of Income Tax, Patiala . . . Appellant(s)

Versus

M/s H.K. Associates . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AVNEESH JHINGAN PRESENT: Mr. Z.S. Klar, Sr. Standing Counsel for the appellant(s).

Mr. Sachin Bhardwaj, Advocate for the respondent(s).

**** AJAY KUMAR MITTAL, J. (Oral) Learned counsel for the appellant-revenue states that since the tax effect involved is ` 29,46,455/-, he has instructions to withdraw the present appeal in view of the circular No.03/2018, dated 11th July, 2018, 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Dismissed as withdrawn with liberty as prayed for.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. 3.

In view of the withdrawal of the main appeal, learned counsel for the respondent(s)-assessee/cross-objector states that the cross-objections have been rendered infructuous and may be disposed of as such. 4.

Ordered accordingly.

5.

This order shall also dispose of all the pending misc. applications. (AJAY KUMAR MITTAL) JUDGE (AVNEESH JHINGAN) JUDGE July 19, 2018 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jawala Ram 2018.07.24 12:08 I attest to the accuracy and authenticity of this document Chandigarh