The High Court dismissed an income tax appeal as withdrawn pursuant to CBDT Circular No. 3 of 2018, granting liberty to file for restoration if exceptions apply.
Liberty granted to file for restoration if exceptions apply; appeal dismissed as withdrawn.
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THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN
AND
THE HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
ITTA.NO.304 OF 2016
JUDGMENT: {Per the Hon’ble Sri Justice Ramesh Ranganathan}
Ms. K.Mamata, learned Senior Standing Counsel for Income Tax, would submit that, in terms of CBDT Circular No.3 of 2018 dated 11.07.2018, all appeals, where the tax effect is below Rs.50,00,000/-, are required to be withdrawn and, as the value of the present appeal is less than Rs.50,00,000/-, the appellant may be permitted to withdraw the appeal. Learned counsel would further submit that liberty may be granted, in case it were to be found later that the subject matter of the appeal falls within the exceptions mentioned in the aforesaid Circular issued by the Central Board, to file an application for restoration of the appeal.
Granting liberty as sought for, the appeal is dismissed as withdrawn. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand dismissed.
_______________________________ (RAMESH RANGANATHAN, J)
__________________________________ (KONGARA VIJAYA LAKSHMI, J)
6th September 2018 RRB
1 provisions across 1 enactments
Ramesh Ranganathan
Kongara Vijaya Lakshmi
As recorded by the court registry
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