THE COMMR. OF I. TAX, PATIALA vs. M/S SOUTHERN BOTTLERS PVT. LTD.

-1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 11.05.2016 The Commissioner of Income-Tax, Patiala .......Appellant Versus M/s Southern Bottlers Pvt. Ltd. ......Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL HON'BLE MR. JUSTICE HARINDER SINGH SIDHU Present: Mr. Zora Singh Klar, Advocate for the appellant. Mr. Alok Mittal, Advocate for the respondent. RAJESH BINDAL,J. This appeal has been filed under Section 260 A of the Income Tax Act, 1961 (for short 'the Act'), against the order dated 27.09.2005 passed by the Income Tax Appellate Tribunal, Chandigarh Bench 'B', Chandigarh, in ITA No. 943/Chandi/2004, for the assessment year 1984-85, raising the following substantial question of law: Whether on the facts and circumstances of the case, the ITAT was right in law in holding that excess of 'security deposits' over 'refunds' received by the assessee on sale of bottles is not a trading receipt? REEMA SAINI 2016.05.18 11:22 I attest to the accuracy and authenticity of this document High Court, Chandigarh -2- Learned counsel for the appellant-revenue submitted that in view of circular No.21/2015 dated 10.12.2015 read with circular No.279/Misc/M-142/2007-ITJ (Part) dated 8.3.2016, issued by Central Board of Direct Taxes, he does not wish to press the present appeal, as the tax effect involved is less than ` 20 lacs. However, he prays that liberty be granted to the revenue to file an application for revival of the appeal in case something survives therein. Dismissed as not pressed with liberty as prayed for. It is however, clarified that withdrawal of the appeal by the revenue shall not be taken as affirmation of order of the Tribunal on merits. The legal issue as claimed by the revenue is left open to be adjudicated in an appropriate case. (RAJESH BINDAL)

JUDGE (HARINDER SINGH SIDHU) 11.05.2016 JUDGE reema REEMA SAINI 2016.05.18 11:22 I attest to the accuracy and authenticity of this document High Court, Chandigarh