GARGI JINDAL vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-I CHANDIGARH
What did the High Court hold?
The High Court allowed the application for withdrawal of the appeal. Consequently, the main appeal was taken on board and disposed of as withdrawn, as prayed for by the assessee. No decision was made on the merits of the appeal. The court noted that the application was supported by an affidavit and that the revenue had no objection. Therefore, the operative direction was to dismiss the appeal as withdrawn.
What were the facts?
The case involves an appeal filed by Gargi Jindal (the assessee) against an order passed by the Deputy Commissioner of Income Tax, Central Circle-I, Chandigarh (the revenue). The appeal was filed before the High Court of Punjab and Haryana at Chandigarh. The assessee filed an application (CM-2438-CII-2021) seeking withdrawal of the main appeal (ITA-380-2014). The application was supported by an affidavit. The revenue, through its counsel, accepted notice and had no objection to the withdrawal application.
What were the issues?
1. Whether the assessee is permitted to withdraw the appeal filed against the order of the Deputy Commissioner of Income Tax. Assessee's Contention: The assessee, through their counsel, filed an application for withdrawal of the appeal. Revenue's Contention: The revenue, through its counsel, accepted notice of the withdrawal application and stated that it had no objection to the prayer made therein.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 104/15(PROCEEDINGS THROUGH V.C.) CM-2438-CII-2021 IN/AND ITA-380-2014 DATE OF DECISION: MARCH 15, 2021 GARGI JINDAL
.....Petitioner VERSUS DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-I CHANDIGARH ....Respondent CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH HON'BLE MR.JUSTICE ASHOK KUMAR VERMA Present: Mr. M. S. Kanda, Advocate for Mr. Neeraj Khanna, Advocate, for the applicant-appellant. ***** AUGUSTINE GEORGE MASIH
, J. (ORAL)
Prayer in C.M. No.2438-CII of 2021 is for withdrawal of the appeal preferred by the applicant-appellant. The application is supported by an affidavit of the applicant-appellant. Notice of the application. Mr.Yogesh Putney, Advocate, Senior Standing Counsel for Income Tax Department, accepts notice on behalf of the respondents and states that he has no objection to the prayer made in the application. Therefore, prayer made in C.M. No.2438-CII of 2021 is allowed and at the request made by counsel for the parties the main appeal is taken on board and disposed of as withdrawn, as prayed for.
( AUGUSTINE GEORGE MASIH )
JUDGE March 15, 2021
( ASHOK KUMAR VERMA ) khurmi
JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No RAKESH KHURMI 2021.03.15 14:29 I attest to the accuracy and integrity of this document
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