Commissioner Of Income Tax Chennai v. M/S.ambattur Clothing Ltd., 86-E, Ambattur Industrial Estate, Chennai – 600 058

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.883 of 2014 Commissioner of Income TaxChennai .. Appellant/RespondentVersus M/s.Ambattur Clothing Ltd.,86-E, Ambattur Industrial Estate,Chennai – 600 058. .. Respondent/Appellant. 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 `C' Bench, dated 18.2.2014 inI.T.A.No.2184/Mds/2013 against the order of the Commissioner ofIncome Tax Appeals(Central) I Chennai 34 dated 17.10.2013 andmade ITA.No.218/2013-14 for the Assessment year 2008-09 againstthe order of the Deput Cmmissioner of Income Tax Company Cirlce1(1) Chennai 34 dated 23.12.2010 and made in PAN/IR.No.AAA CA4127D/AxI-091 for the Assessment year 2008-09. For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy and Mr.M.Swaminathan For Respondent : Mr.R.Sivaraman 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/-. 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn, https://hcservices.ecourts.gov.in/hcservices/ inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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-V) True Copy Sub-Assistant RegistrarTo:1. The Income Tax Appellate Tribunal Madras `D' Bench.2. The Commissioner of Income Tax Appeals (Central) I Chennai 34.3. The Deputy Commissioner of Income Tax Company Circle 1(1) Chennai 34.jsv(co)prk1/2Tax Case Appeal No.883 of 2014