Principal Commissioner of Income-tax-1 v. Ashutosh Kathal
[Citation -2020-LL-0213-14]

Citation 2020-LL-0213-14
Appellant Name Principal Commissioner of Income-tax-1
Respondent Name Ashutosh Kathal
Court HIGH COURT OF MADHYA PRADESH
Relevant Act Income-tax
Date of Order 13/02/2020
Judgment View Judgment
Keyword Tags tax effect
Bot Summary: Heard on I.A. No.13755/2019 - an application filed by the appellant revenue for withdrawal of the appeal. Learned counsel for the appellant/revenue states that since the tax effect involved is below the limit prescribed by Circular No. 17/2019 dated 8.8.2019 issued by the Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, New Delhi, he has instructions to withdraw the present appeal. He prayed that liberty be granted to the Revenue to file an application for revival of the appeal, in case something survives therein. I.A. No.13755/2019 is allowed. Accordingly, this appeal is dismissed as withdrawn with liberty as prayed for. It is 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.


1 ITA-58-2018 High Court Of Madhya Pradesh ITA-58-2018 (PRINCIPAL COMMISSIONER OF INCOME TAX 1 Vs SHRI ASHUTOSH KATHAL) Jabalpur, Dated : 13-02-2020 Shri Kunal Dubey, Advocate for appellant. Shri Rahul Singh Choudhary, Advocate for respondent. Heard on I.A. No.13755/2019 - application filed by appellant revenue for withdrawal of appeal. Learned counsel for appellant/revenue states that since tax effect involved (87.36 lakhs) is below limit prescribed by Circular No. 17/2019 dated 8.8.2019 issued by Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes (Judicial Section), New Delhi, he has instructions to withdraw present appeal. However, he prayed that liberty be granted to Revenue to file application for revival of appeal, in case something survives therein. I.A. No.13755/2019 is allowed. Accordingly, this appeal is dismissed as withdrawn with liberty as prayed for. It is, however, clarified that withdrawal of appeal by Revenue shall not be taken to be affirmation of order of Tribunal on merits. Further, legal issue as claimed by Revenue is being left open to be adjudicated in appropriate case. (AJAY KUMAR MITTAL) (VIJAY KUMAR SHUKLA) CHIEF JUSTICE JUDGE khan* Digitally signed by HIDAYAT KHAN Date: 14/02/2020 17:38:44 Principal Commissioner of Income-tax-1 v. Ashutosh Kathal
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