Commissioner Of Income Tax Chennai v. M/S.aqua Designs India 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.1139 of 2015 Commissioner of Income TaxChennai .. AppellantVersus M/s.Aqua Designs India Pvt.Ltd.,No.9, Jayanthi Nagar Extn.,Off 200 Feet Road, Kolathur,Chennai – 600 099. .. 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 `B' Bench, Chennai, dated 30.09.2013in I.T.A.No.371/Mds/2013 and against the order dated 27.11.2012and made in ITA No42/11 - 12/A IX on the file of Commissioner ofIncome Tax (Appeals) IX, Chennai 34 and against the order dated31/12/10 and made in PA/GIR No.AADCA 9550D/AX6-512 on the fileof Deputy Commissioner of Income Tax, Company circle I(1),Chennai 34. For Appellant: Mr.T.Ravikumar, T.R.Senthilkumar,J.Narayanasamy, M.Swaminathan JUDGMENT The learned counsel appearing for the Appellant/Revenue hadsubmitted that he may be permitted by this Court to withdraw thepresent tax case appeal, in view of the Circular No.21 of 2015,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/-. 2. The learned counsel 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,https://hcservices.ecourts.gov.in/hcservices/ inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsel appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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// Sub Assistant RegistraruskTo:1. The Income Tax Appellate Tribunal Madras `B' Bench.2. The Commissioner of Income Tax, Chennai.3. The Commissioner of Income Tax, (Appeals)IX, Chenai 34. 4. The Deputy Commissioner of Income Tax, Company Circle I(1), Chennai 34.+1 cc to Mr.T.Ravikumar, Advocate, sr.4135 Tax Case Appeal No.1139 of 2015vd cokra 04.02.2016