IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.2878 of 2011 ==================================================== ANAND GUPTA aged about 39 years son of Sri Arjun Gupta resident of Gharaunda East Boring Canal road, P.O. and P.S. Budha colony, Patna - Petitioner Versus 1. Commissioner Of Income Tax Central Circle-1, Patna (CIT) 2. Assistant Commissioner of Income Tax, Central Circle-1, Patna.(ACIT) - Respondents ==================================================== Appearance : For the Petitioner: Mr. K.N. Jain, Senior Advocate DR. Miss R. Usha, Advocate For the Respondents: Mr. Harshwardhan Prasad, Advocate ==================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 3 06.04.2011 Learned counsel Mr. K.N. Jain appears for the appellant. He admits that against the impugned order an appeal under Section 260 A of the Income Tax shall lie before this Court. He, therefore, seeks leave to withdraw this petition with a view to filing an appeal under Section 260A of the Act. Leave is granted. Petition is disposed of as withdrawn. The petitioner will be at liberty to prefer appeal in the same subject matter. Bibhash ( R.M. Doshit, CJ.) (Jyoti Saran, J.)