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Punjab-Haryana High Court

Cit Faridabad vs M/S Mascot Footcare on 29 January, 2016

Author: Ajay Kumar Mittal

Bench: Ajay Kumar Mittal

           IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
                                                  *********
                                                                 ITA No. 786 of 2010 (O&M)
                                                                 Date of decision: 29.01.2016

           The Commissioner of Income Tax, Faridabad                             ...Appellant

                                                      Vs.

           M/s Mascot Footcare                                                 ...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.

                               Mr. Divya Suri, Advocate &
                               Mr. Sachin Bhardwaj, Advocate
                               for the respondent.

                  *****
           AJAY KUMAR MITTAL, J. (Oral)

Learned counsel for the appellant-revenue states that since the tax effect involved is ` 13,72,685/- 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 Dismissed as withdrawn with liberty as prayed for.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) 29.01.2016 JUDGE waseem MOHAMMAD WASEEM ANSARI 2016.02.01 10:41 I attest to the accuracy and integrity of this document