Commissioner Of Income Tax-Iiichennai v. M/S.national Trust Housing Finance Ltd.,Subramanian Building

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.904 of 2010 Commissioner of Income Tax-IIIChennai .. Appellant Versus M/s.National Trust Housing Finance Ltd.,Subramanian Building,No.1/1B, Club House Road,(Off.Anna Salai),Chennai-600 002.. Respondent Prayer: Appeal presented to the High Court against the order ofthe Income Tax Appellate Tribunal Madras `D' Bench, Chennai,dated05.02.2010,inM.P.No.364/Mds/2008inI.T.A.No.1048/Mds/2007 & ITA.No.787/Mds/2007 against the HighCourt order dated 19.09.2008 in TCA No.1374/2008 agtainst theIncome Tax Apepllate Tribunal, Bench 'B', Chennai dated11.02.2008 and made in ITA Nos.1399,1400,1401,1402,1403/Mds/2006, Assessment years 1998-99, 99-2000, 2000-01, 2001-02,2003-04 against the order of the Commissioner of Income Tax(Appeals)XII, Nungambakkam, Chennai dated 23.11.2006, in ITANo.305/05-06 against the order of the Deputy Commissioner ofIncome Tax Compnay circle IV(4), Chennai, dated 05.10.2004 in PANo./aI.No.NA.116/AAAC 4897L for the Assessment year 2002-2003. For Respondent : Mr.R.Venkatanarayanan for M/s.Subbarayan Aiyar 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 ofhttps://hcservices.ecourts.gov.in/hcservices/ 2015, 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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 //True Copy// Sub Assistant Registrarssk/mskTo:1. The Income Tax Appellate Tribunal Madras `D' Bench, Madras. 2. The Commissioner of Income Tax (Appeals)XII,Nungambakkam, chennai. 3. The Deputy Commissioner of Income Tax,Company circle IV(4), Chennai. 4. The Assitant Registrar,Income Tax Appellate Tribunal,IIIrd Floor, Rajaji Bhavan,Besant Nagar, Chennai 90. +1 cc to Mr.T.R.Senthilkumar, Advocate, sr.3909. rv co kra 12.02.2016https://hcservices.ecourts.gov.in/hcservices/ Tax Case Appeal No.904 of 2010