The Commissioner of Income Tax III, vs. M/S Hyderabad Hatcheries [P] Lt.d,

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 46 of 2010 Decided on : 07.02.2019 Commissioner of Income Tax-III, Ludhiana . . . Appellant(s) Versus M/s Malwa Industries Ltd. . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Rajesh Katoch, Sr. Standing Counsel for the appellant-revenue. None for the respondent-assessee. **** AJAY KUMAR MITTAL, J. (Oral) Learned counsel for the appellant-revenue has produced a communication dated 06/07.12.2018, addressed by the Income Tax Officer (Hq.)(Judl.), Office of the Pr. Commissioner of Income Tax-3, Ludhiana to the learned Sr. Standing Counsel, wherein, the tax effect involved in the present case has been shown as `12,64,621/-, which is less than the monetary limit of ` 50,00,000/- fixed by the C.B.D.T., New Delhi, vide circular No. 03/2018, dated 11th July, 2018, for filing the appeals in the High Courts. The said communication is taken on record, subject to all just exceptions. Office to tag the same at the appropriate place. 2. In view of the above, learned counsel for the revenue states that since the tax effect involved in the present case is less than the monetary limit fixed by the C.B.D.T., therefore, he has instructions to withdraw the present present appeal. He, however, 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 Dismissed as withdrawn with liberty as prayed for.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 February 07, 2019 J.Ram (MANJARI NEHRU KAUL) JUDGE Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No JAWALA RAM 2019.02.11 16:12 I attest to the accuracy and authenticity of this document Chandigarh