Commissioner Of Income Tax Chennai v. M/S.aml Steel Limited, Aml Towers

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.538 of 2015 Commissioner of Income TaxChennai .. Appellant/AppellantVersus M/s.AML Steel Limited,AML Towers, No.9, 6[th] Street,Gopalapuram,Chennai – 86. .. Respondent/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 `C' Bench, dated 14.8.2013 inI.T.A.No.306/Mds/2013 against the order passed by theCommissioner of Income Tax (Appeals)-II, Chennai-34 made in ITRNO.540-11-12/A.III order dt. 19.1.2012 for the Assessment yeardt. 2009-2010 against the order passed by the Income TaxDepartment Chennai 86, made in GIR/PAN AX-4715/AAA1A4304Q orderdt. 26.12.2011 for the Assessment year 2009-10. For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan For Respondent : No AppearanceJUDGMENT 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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(CCC) //True Copy// Sub Assistant Registrar usk To: 1. The Income Tax Appellate Tribunal Madras `C' Bench. 2. The Commissioner of Income Tax, (Appeals)-III, Chennai-34. 3. The Joint Commissioner of Income Tax (OSD)Company circle-1(1) Chennai. + 1 cc to Mr.T. Ravikumar, Advocate Sr.4137+ 1 cc to Mr.Subbaraya Aiyar, Advocate sr.39117 SR(CO)EU 04.02.16 https://hcservices.ecourts.gov.in/hcservices/