SECURITIES AND EXCHANGE BOARD OF INDIA vs. INCOME TAX OFFICERS (EXEMPTIONS) JALANDHAR
What did the High Court hold?
The High Court allowed the application for withdrawal of the main appeal. The court noted that the appellant's counsel made an oral request for withdrawal, and the application was supported by an affidavit. For the reasons set out in the application, the court permitted the withdrawal. Consequently, the appeal, along with any associated applications, was dismissed as withdrawn. No decision was made on the merits of the original appeal.
What were the facts?
The appellant, Securities and Exchange Board of India (Stock Exchange Customer Protection Fund), filed an application for withdrawal of the main appeal (ITA-69-2024). The appeal was against an order or action by the Income Tax Officer (Exemptions), Jalandhar. The hearing for the appeal was preponed to January 23, 2025, upon an oral request by the appellant's counsel. The application for withdrawal was supported by an affidavit. The High Court considered the application and allowed it.
What were the issues?
1. Whether the appeal filed by the Securities and Exchange Board of India (Stock Exchange Customer Protection Fund) should be permitted to be withdrawn. This is a procedural issue concerning the conduct of the appeal. Contentions: Assessee (Appellant): The appellant, through its counsel, made an oral request to withdraw the main appeal. The application for withdrawal was supported by an affidavit detailing the reasons for withdrawal. The appellant sought permission to withdraw the appeal. Revenue (Respondent): The judgment does not record any specific arguments or contentions from the respondent regarding the withdrawal application.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CM-978-CII-2025 in/and ITA-69-2024 (O&M)
Date of decision: 23.01.2025
Securities and Exchange Board of India (Stock Exchange Customer Protection Fund)
….Appellant
Versus
Income Tax Officer (Exemptions), Jalandhar
….Respondent
CORAM: HON'BLE MR. JUSTICE ARUN PALLI
HON'BLE MRS. JUSTICE SUDEEPTI SHARMA
Present: Mr. Manish Jain, Advocate, and
Mr. Siddhant Jain, Advocate, for the applicant-appellant.
Mr. Varun Issar, Senior Standing Counsel for the respondent.
****
ARUN PALLI, J. (Oral)
This is an application for withdrawal of the main appeal.
On the oral request made by learned counsel for the applicant-appellant, hearing in the appeal is preponed to today, i.e. 23.01.2025.
For the reasons set out in the application, which are duly supported by an affidavit, the same is allowed. Accordingly, as prayed for, the appeal, along with applications, is dismissed as withdrawn.
(ARUN PALLI)
JUDGE
(SUDEEPTI SHARMA)
JUDGE 23.01.2025 Ak Sharma Whether speaking/reasoned Yes Whether reportable Yes/No
AMIT KUMAR 2025.01.24 13:23 I attest to the accuracy and authenticity of this document
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