Commissioner Of Income Tax Chennai v. M/S.chettinad Logistics Pvt. Ltd., Rani Seethai Hall, V Floor

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.231 of 2015 Commissioner of Income TaxChennai... Appellant/AppellantVersus M/s.Chettinad Logistics Pvt. Ltd.,Rani Seethai Hall, V Floor,No.603, Anna Salai, Chennai 600 006... Respondent/Respondent Prayer: Appeal presented to the High Court against the order ofthe Income Tax Appellate Tribunal Madras `A' Bench, Chennaidated 9.5.2014, in I.T.A..No.429/Mds/2014 and against the orderof the Commissioner of Income Tax (A)(C) II, New No.46 (OldNo.108) Mahatma Gandhi Road, Chennai 34 in ITA No.375/13-14,dated 25.10.2013 for the assessment year 2006-2007 and againstthe order of Asst. Commissioner of Income Tax, Company Circle I(3), Chennai 34 in GIR/PAN AABCC 4551C for the Assessment year2006-2007, dated 11.12.2008. For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan For Respondent : Mr.S.Sridhar 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,https://hcservices.ecourts.gov.in/hcservices/ inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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// Sub Assistant Registrarssk.To:1. The Registrar,Income Tax Appellate Tribunal,Madras A Bench, Chennai. 2. The Commissioner of Income Tax (A)(C) IINew No.46 (Old No.108), Mahatma Gandhi Road,Chennai 600 034. 3. The Assistant Commissioner of Income Tax,Company Circle I(3), Chennai. +1 cc to Mr.T.Ravikumar, Advocate, sr.4106+1 cc to Mr.S.Sridhar, Advocate, sr.4334Tax Case Appeal No.231 of 2015 bvr cokra 02.02.2016