Commissioner Of Income Tax Chennai v. M/S.ambika Appalam Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.1.2016 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDRENANDTHE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal No.923 of 2015 Commissioner of Income TaxChennai ... AppellantVersus M/s.Ambika Appalam Pvt. Ltd.,112, Pycrofts Road,Royapettah, Chennai 600 014.PAN: ... Respondent Prayer: Appeal presented to the High Court against the order ofthe Income Tax Appellate Tribunal Madras `C' Bench, Chennaidated 10.4.2015, in I.T.A.No.859/Mds/2014 against the Order ofthe Commissioner of Income Tax, Appeals(Central) -I, Chennai 34,dated31.12.2013 made in I.T.A.No.219/2013-14 against the penaltyorder of the Deputy Commissioner of Income Tax, Company Circle 1(1), Chennai dated 30.06.2010 and made in PAN: /07-08against the Assessment order of the Deputy Commissioner ofIncome Tax, Company Circle 1(1), Chennai, dated 29.12.2009 andmade in PA/GIR.No.AAECA9038K for the Assessment year 2007 - 2008. The learned counsels appearing for the Appellant/Revenue hadsubmitted that they may be permitted by this Court to withdrawthe present tax case appeal, in view of the Circular No.21 of2015, issued by the Central Board of Direct Taxes, Department ofRevenue, Ministry of Finance, Government of India, dated10.12.2015, as the tax effect relating to the matter is lessthan 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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. Sd/- Assistant Registrar(CS VII) //True Copy// ssk.To: Sub Assistant Registrar 1.The Registrar Income Tax Appellate Tribunal Madras 'C' Bench, Chennai. 2.The Commissioner of Income Ta, Appeals(Central) - I, Chennai 34. 3.The Deputy Commissioner of Income Tax, Company Circle 1(1), Chennai 34. +1cc to Mr.T.N.Seetharaman, Advocate, S.R.No.4340+1cc to Mr.T.Ravikumar, Advocate, S.R.No.4102 Tax Case Appeal No.923 of 2015 SV(CO)CA(04/02/2016)