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TMI Blog2017 (8) TMI 287X X X X Extracts X X X X X X X X Extracts X X X X ..... : Mr. Rajiv Sharma, Advocate ORDER AJAY KUMAR MITTAL, J. 1. This is an application for recalling the order dated 8.2.2016 passed by this Court and for revival of the appeal. 2. On 8.2.2016, learned counsel for the appellant submitted that since the tax effect involved was Rs. 16,66,247/-, he may be allowed to withdraw the appeal in view of Circular No. 21/2015 dated 10.12.2015 issued by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y. ITA-28-2013 1. In view of the order of even date passed in CM-22095-CII of 2016, the appeal stands revived. At the joint request of learned counsel for the parties, the appeal is taken up for hearing today itself. 2. This appeal has been filed by the revenue under Section 260A of the Income Tax Act, 1961 (in short "the Act") against the order dated 24.9.2012 (Annexure A-3) passed by the Inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e facts necessary for disposal of the present appeal as mentioned therein are that the assessee is a civil contractor and engaged in the business of construction of roads. He filed his original return on 30.9.2008 for the assessment year 2008-09 declaring total income at Rs. 20,44,670/-. The said return was processed under Section 143(1) of the Act on 31.1.2010. The case was selected for scrutiny ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on on account of net profit rate @ 6%. Hence, the present appeal by the revenue. 4. The order of the Tribunal dated 24.9.2012 (Annexure A-3) was also assailed by the assessee who had filed ITA No. 17 of 2015. This Court vide order dated 21.7.2016 (Annexure CM-3) allowed the appeal and set aside the order, Annexure A-3. Further the matter had been remitted to the Tribunal for a fresh decision on m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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