Commissioner Of Income Tax Circle Iv, Chennai v. Sri.c.j.ramesh Reddy

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.1.2016 THE HONOURABLE MR.JUSTICE M.JAICHANDRENANDTHE HONOURABLE MRS.JUSTICE S.VIMALA Commissioner of Income TaxCircle IV, Chennai .. AppellantVersus Sri.C.J.Ramesh Reddy,No.89, Arcot Road, Vadapalani,Chennai-600 026... Respondent Prayer: Appeal presented to the High Court against the order ofthe Income Tax Appellate Tribunal Madras `A' Bench, dated15.10.2008, in I.T.A.No.314/Mds/2008 preferred against the orderof CIT(A)VIII dated 18.10.2007 made in ITA No.013/2007-08preferred against the order of the Assistant Commissioner ofIncome Tax, circle IV, Chennai 34, dated 18.06.2007 filedagainst the assessment order of the Assistant Commissioner ofIncome Tax, Business circle IV, Chennai 34 dated 28.12.2006 forthe Assessment year 2004-2005 in PAN/GIR AAFPR 6269P. 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,https://hcservices.ecourts.gov.in/hcservices/ inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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 II) //True Copy// Sub Assistant Registrar ssk.To:1.The Income Tax Appellate Tribunal Madras `A' Bench.2. The Commissioner of Income Tax (Appeals)VIII,Chennai.3. The Assistant Commissioner of Income Tax,Business circle IV, Chennai 34. +1 cc to M/s.T.R.Senthilkumar, Advocate, sr.6409. Tax Case Appeal No.775 of 2009 rsi cokra 16.02.2016