Commissioner Of Income Tax Ichennai v. M/S K.dhandapani & Co Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.1.2016 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDRENANDTHE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal No.124 of 2011 Commissioner of Income Tax IChennai .. Appellant Versus M/s K.Dhandapani & Co Ltd.,291, Linghi Chetty Street,Chennai... Respondent Prayer: Appeal presented to the High Court under Section 260A ofthe Income-tax Act against the order of the Income Tax AppellateTribunalMadras`B'Bench,dated05.10.2010,inI.T.A.No.1303/Mds/2006. against the order of the commissioner of Income Tax(Appeals)III,Chennai 34 dated 20.01.2006 and made in ITA.NO.265/05-06 against the assessment order of the Deputy Commissioner ofIncome Tax Company Circle II(4), Chennai dated 29/03/2005 forthe year 2002-03. 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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. usk/adlTo: sd/-Assistant Registrar(Cs-III)/TRUE COPY/ Sub-Assistant Registrar 1.The Income Tax Appellate Tribunal Madras `B' Bench. 2.The Assistant Registrar,Income Tax Appellate Tribunal,IV Floor, Rajaji Bhavan, Besant Nagar, Chennai - 80. 3.The Commissioner of Income Tax I, Chennai. 4. The Commissioner of Income Tax (Appeals),No.III, Chennai-34. 5.The Deputy Commissioner of Income Tax,Company Circle II(4), Chennai. +1 CC to MR.S.Sridhar Advocate. SR.NO.3455 +1 CC to MR.T.R.Senthil Kumar Advocate. SR.NO.3928 CO-KSJJD 01/02/2016 https://hcservices.ecourts.gov.in/hcservices/