Commissioner Of Income Tax Chennai v. M/S.anabond Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.1.2016 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDRENANDTHE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal Nos.535 and 536 of 2015 Commissioner of Income TaxChennai .. Appellant in both TCAVersus M/s.Anabond Limited,No.36, Type II,Dr.VSI Estate, Thiruvanmiyur,Chennai 600 041. .. Respondent in both TCA Prayer: Appeals presented to the High Court against the order ofthe Income Tax Appellate Tribunal Madras `D' Bench, dated13.11.2014, in I.T.A.Nos.1576/Mds/2014 and 1577/Mds/2014respectively against the order of the Commissioner of Income Tax(Appeals)(Central)1 made in (1) ITA No.227/2013-14 and (2)ITA228/2013-14, dated 30.11.14 against the order of the DeputyCommissioner of Income Tax, Company circle 1(1), Chennai 34, (1)dated 28.12.2010 made in PA/GIR No.AACCA 4158Q/AX-4282 dated28.12.2010 for the Assessment year 2008-09 (2) dated 30.11.2009made in PA/GIR No.AACCA4158Q/AX4-282 respectively for theAssessment 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 appeals, 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeals, if it is found that they had been withdrawn,inadvertently, even though they fall under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeals stand dismissed, as withdrawn. It is made clearthat the questions of law, which may arise for the decision ofthis Court, in the present tax case appeals, 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clear that it would be open to theAppellant/Revenue to revive the tax case appeals, if it is foundthat they had been withdrawn, inadvertently, even though theyfall under the exceptions mentioned in paragraph 8 of theCircular, within a period of twelve weeks from today. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrarssk.To:1. The Income Tax Appellate Tribunal Madras `D' Bench.2. The Commissioner of Income Tax(Appeals)I, 46, Mahatma Gandhi Road, Nungambakkam, Chennai 3. 3. The Deputy Commissioner of Income Tax,Company circle1(1), Chennai. Tax Case Appeal Nos.535 & 536 of 2015 nm cokra 09.02.2016