Commissioner Of Income Tax Chennai v. M/S.kader Investment & Trading Co. P. Ltd

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 No.987 of 2010 Commissioner of Income TaxChennai .. Appellant/Respondent.Versus M/s.Kader Investment & TradingCo. P. Ltd.,3/284, Muttukadu Road,Neelangarai, Chennai. .. Respondent/Appellant. Prayer: Appeal presented to the High Court against the order ofthe Income Tax Appellate Tribunal Madras `B' Bench, dated21.4.2010, in I.T.A.No.1250/Mds/2007 as against the order passedby the Commissioner of Income Tax (Appeals) III Chennai dated16.3.2007 in ITA.No.33/2006-07/AIII for the assessment year2003-04 against the order passed by the Income Tax Office,Company Ward II (1) Chennai dated 13.3.2006 in GINo./PA.No.KXK4-172/AAACK2194C for the assessment year 2003-04. For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan The learned counsels appearing for the Appellant/Revenuehad submitted that they may be permitted by this Court towithdraw the present tax case appeal, in view of the CircularNo.21 of 2015, issued by the Central Board of Direct Taxes,Department of Revenue, Ministry of Finance, Government of India,dated 10.12.2015, as the tax effect relating to the matter isless than 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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. ssk. s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To: 1. The Income Tax Appellate Tribunal Madras `B' Bench. Madras `B' Bench. 2. The Commissioner of Income Tax, (Appeals) III Chennai. 3. The Commissioner of Income Tax, Chennai. Chennai. 4. The Income Tax Office, Company ward II (1) Chennai. Company ward II (1) Chennai. 5. The Assistant Registrar, Income Tax Appellate Tribunal, Rajaji Bhavan, Chennai. + 1 cc to Mr.T.R.Senthil Kumar, Advocate SR 3910 + 1 cc to Mr.S.Sridhar, Advocate SR 3180 pur(co)prk1/2Tax Case Appeal No.987 of 2010