Commissioner Of Income Tax Chennai v. M/S.buhari Holdings P Ltd., Buharia Towers, 7Th Floor
High Court
25 Jan 2016 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
Commissioner Of Income Tax Chennai v. M/S.buhari Holdings P Ltd., Buharia Towers, 7Th Floor
Date of order
25 Jan 2016
Assessment year(s)
—
Outcome
Dismissed
Case summary
In Commissioner Of Income Tax Chennai v. M/S.buhari Holdings P Ltd., Buharia Towers, 7Th Floor, the High Court (2016) dismissed the appeal. The decision went in favour of the assessee.
Decision: In view of the said submissions made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.1.2016
CORAMTHE HONOURABLE MR.JUSTICE M.JAICHANDRENANDTHE HONOURABLE MRS.JUSTICE S.VIMALATax Case Appeal No.869 of 2014
Commissioner of Income TaxChennai
.. AppellantVersus
M/s.Buhari Holdings P Ltd.,Buharia Towers, 7th Floor,No.4, Moores Road,Chennai 600 006... Respondent
Prayer: Appeal presented to the High Court against the order ofthe Income Tax Appellate Tribunal Madras `A' Bench, dated31.1.2014, in I.T.A.No.2145/Mds/2013.
For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.SwaminathanFor Respondent : Dr.Anita SumanthO R D E R
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/-.
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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular.
https://hcservices.ecourts.gov.in/hcservices/
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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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(CO) //True Copy// Sub Assistant Registrarssk.To:1. The Income Tax Appellate Tribunal,Rajaji Bhavan, Madras 'A' Bench.2. The Commissioner of Income Tax Chennai.+ 1 cc to M/s. Dr. Anita Sumanth, Advocate SR.4188+ 1 cc to M/s. T. Ravi Kumar, Advocate SR.4105Tax Case Appeal No.869 of 2014PPA(CO)Eu 25.10.16
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