Commissioner Of Income Tax Chennai v. M/S.nubiola India Limited, 6[Th] Floor, ''B'' Suite, Kences Towers

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 21.01.2016 THE HON'BLE MR.JUSTICE M.JAICHANDREN T.C.NO.1369 OF 2008 Commissioner of Income TaxChennai. ...AppellantVs.M/s.Nubiola India Limited,6[th] Floor, ''B'' Suite, Kences Towers,1, Ramakrishnan Street, T.Nagar,Chennai – 600 017 ...Respondent Prayer: Tax Case Appeal filed under Section 260A of theIncome Tax Act, 1961 against the Order dated 7.3.2008 inI.T.A.No.1047/Mds/2007 on the file of the Income Tax AppellateTribunal, Madras 'B' Bench in respect of the assessment year2003-2004 against the order of the Commissioner of Income-Tax(Appeals)-V, Chennai made in ITA.362/2005-06 Dated 31.1.2007against the order of Assistant Commissioner of Income TaxCompany Circle-IV(4) Chennai dated 31.10.2005 made inP.A.No./G.I.No.AABCS0622E/NU-21 for the assessment year 2003-2004.For Appellant: Mr.T.Ravikumar, Mr.J.Narayanaswamy, Mr.T.R.Senthilkumar and Mr.M.Swaminathan 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/-. 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant RegistrarTo1. The Income Tax Appellate Tribunal, Madras 'B' Bench 2. The Commissioner of Income-tax (Appeals) – V, 121, Mahatma Gandhi Road, Chennai – 600 034, 3. The Assistant Commissioner of Income-tax, Company Circle – IV(4), Chennai, +1cc to M/S.R.Senniappan, Advocate, S.R.No.3868 +1cc to M/S.T.R.Senthilkumar, Advocate, S.R.No.3925 T.C.No.1369 of 2008 ak(CO)srg(04/02/2016)