Commissioner Of Income Tax Chennai v. M/S.navia Market Limited, ''Ganga Griha'', 4[Th] & 5[Th] Floor

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.01.2016 CORAM: THE HON'BLE MR.JUSTICE M.JAICHANDREN AND THE HON'BLE MRS.JUSTICE S.VIMALA T.C.NO.2075 OF 2008 Commissioner of Income TaxChennai....AppellantVs.M/s.Navia Market Limited,''Ganga Griha'', 4[th] & 5[th] Floor,No.9 (Old No.61)Nungambakkam High Road,Chennai – 600 034,PAN ...Respondent Prayer: Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the Order dated 25.4.2008 in I.T.A.No.2333/Mds/2007 on the file of the Income Tax Appellate Tribunal, Madras 'B' Bench in respect of the assessment year 2003-2004. For Appellant: Mr.T.Ravikumar, Mr.J.Narayanaswamy, Mr.T.R.Senthilkumar and Mr.M.Swaminathan Mr.J.Narayanaswamy, For Respondent : Mr.R.Venkataraman for Mr.B.Subbaraya Aiyar JUDGMENT The learned counsels appearing for the Appellant/Revenue had submitted that they may be permitted by this Court to withdraw the present tax case appeal, in view of the Circular No.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 is less than Rs.20,00,000/-. 2. The learned counsels had further submitted that liberty may be granted to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the circular. 3. In view of the said submissions made by the learned counsels appearing for the Appellant/Revenue, the present tax case appeal stands dismissed, as withdrawn. It is made clear that the questions of law, which may arise for the decision of this Court, in the present tax case appeal, are left open to be considered and decided in appropriate cases, in accordance with law. It is also made clear that it would be open to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the Circular, within a period of twelve weeks from today. No costs. Index:Yes/No Internet:Yes/Nousk (M.J.J.,) (S.V.J.,) 21-1-2016 Note: Issue order copy on 28.1.2016. To 1. The Income Tax Appellate Tribunal, Madras 'B' Bench 2. The Commissioner of Income-tax (Appeals) – V, 121, Mahatma Gandhi Road, Chennai – 600 034, 121, Mahatma Gandhi Road, Chennai – 600 034, 3. The Assistant Commissioner of Income-tax, Company Circle – IV(4), Chennai, Company Circle – IV(4), Chennai, 4 M.JAICHANDREN, J.AND S.VIMALA, J. usk. T.C.No.2075 of 2008 21.01.2016