The Commissioner of Income tAx-IV vs. M/s. Poineer Silk Mills Limited

C/TAXAP/221/2010 ORDER DATED: 14/12/2021 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 221 of 2010 ========================================================== COMMISSIONER OF INCOME TAX-V Versus JALPA SPECIFIC FAMILY TRUST ========================================================== Appearance: M R BHATT & CO.(5953) for the Appellant(s) No. 1 MR BANDISH SOPARKAR WITH MRS SWATI SOPARKAR(870) for the Opponent(s) No. 1 ========================================================== CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI and HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 14/12/2021 ORAL ORDER (PER : HONOURABLE MS. JUSTICE SONIA GOKANI) 1. This appeal had been admitted for consideration of following

substantial questions of law on 09.05.2011: “Whether the Appellate Tribunal is right in law and on facts in holding that the assessee earned long term capital gains on sale of warrants and not short term capital gains on sale of shares?” “Whether the Appellate Tribunal’s finding that the transaction date was 01/04/2000 and not 23/12/2000, is perverse as it does not take into consideration the evidence found during the search?” 2. The communication dated 08.12.2021 from the office of the learned senior advocate, Mr.Bhatt indicates that the assessee has availed the benefit under the Direct Tax Page 1 of 2

C/TAXAP/221/2010 ORDER DATED: 14/12/2021 Vivad se Vishwas Act, 2020 by filing the application under Form-3 and Form-4 which depict the payment of taxes. Hence, the Principal Commissioner of Income Tax-1, Ahmedabad has requested for withdrawal of the Tax Appeal. 3. We have heard the learned senior advocate, Mr.Bhatt and learned advocate, Mr.Bandish Soparkar. 4. Considering the request of Principal Commissioner of Income Tax-1, Ahmedabad, the Tax Appeal is permitted to be withdrawn without entering into the question of law which are kept open to be adjudicated in appropriate matter at a future date. 5. Present Tax Appeal is disposed of as withdrawn. (SONIA GOKANI, J) (NISHA M. THAKORE,J) M.M.MIRZA Page 2 of 2