Commissioner Of Income Tax Chennai v. Apcom Exports Pvt.ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.1.2016 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDRENANDTHE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal No.577 of 2015 Commissioner of Income TaxChennai .. AppellantVersus Apcom Exports Pvt.Ltd.,NO.11, Second Cross Street,Karpagam Gardens,Adyar, Chennai – 600 020. .. Respondent Prayer: Appeal presented to the High Court under Section 260-Aof the Income Tax Act, 1961 against the order of the Income TaxAppellate Tribunal Madras `D' Bench, dated 25.7.2014 inI.T.A.No.1310/Mds/2013 against the order of the Commissioner ofIncome Tax (A)-VI, Chennai dated 28.12.2012 made inITA.No.90/12-13 and against the order of Deputy Commissioner ofIncome Tax Company Circle IV(1), Chennai 6 dated 5.3.1999 madein PAN No.360-A/ for the Assessment year 1996-97. For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan For Respondent : No Appearance JUDGMENT The learned counsels appearing for the Appellant/Revenuehad submitted that they may be permitted by this Court towithdraw the present tax case appeal, in view of the CircularNo.21 of 2015, issued by the Central Board of Direct Taxes,Department of Revenue, Ministry of Finance, Government of India,dated 10.12.2015, as the tax effect relating to the matter isless than Rs.20,00,000/-. https://hcservices.ecourts.gov.in/hcservices/ 2. The learned counsels had further submitted that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3. In view of the said submissions made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn. It is made clearthat the questions of law, which may arise for the decision ofthis Court, in the present tax case appeal, are left open to beconsidered and decided in appropriate cases, in accordance withlaw. It is also made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today. No costs. usk s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant RegistrarTo:1. The Income Tax Appellate Tribunal Madras `D' Bench.2. The Commissioner of Income Tax, Chennai.3. The Commissioner of Income Tax (Appeals) VI, Chennai. 4. The Deputy Commissioner of Income Tax, Company Circle IV(1), Chennai 6. + 1 cc to Mr.T.Ravikumar, Advocate SR 4133ca(co)prk15/2Tax Case Appeal No.577 of 2015