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Punjab-Haryana High Court

The Pr.Commissioner Of Income Tax ... vs Smt Radha Aggarwal Prop M/S R.P. Steel ... on 28 September, 2018

Author: Ajay Kumar Mittal

Bench: Ajay Kumar Mittal, Avneesh Jhingan

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH


                                              ITA-457-2017 (O&M)

                                              Date of Decision: 28.9.2018

The Principal Commissioner of Income Tax (Central), Ludhiana
                                                     ...Appellant.
            Versus

Smt. Radha Aggarwal
                                                          ...Respondent.

CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL.
        HON'BLE MR. JUSTICE AVNEESH JHINGAN.

PRESENT: Mr. Rajesh Katoch, Sr. Standing Counsel for the appellant.

             None for the respondent.

AJAY KUMAR MITTAL, J.

1. At the request of learned counsel for the revenue, the date of hearing in the appeal is preponed from 10.10.2018 to today and the case is taken up for hearing today itself.

2. Learned counsel for the appellant-revenue states that since the tax effect involved is ` 28,37,310/-, he has instructions to withdraw the present appeal in view of Circular No.03/2018, dated 11th July, 2018, issued by the Central Board of Direct Taxes, New Delhi. However, he has prayed that liberty be granted to the revenue to file an application for revival of the appeal in case something survives therein.

3. Dismissed as withdrawn with liberty as prayed for.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



September 28, 2018                              (AVNEESH JHINGAN)
gbs                                                  JUDGE

      Whether Speaking/Reasoned                      Yes/No
      Whether Reportable                             Yes/No

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