Commissioner Of Income Tax Ix, Chennai v. Madhav Das Fomra (Huf)New

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED:21.01.2016 CORAM: THE HON'BLE MR.JUSTICE M.JAICHANDREN AND THE HON'BLE MRS.JUSTICE S.VIMALA T.C.A.NO.349 OF 2010 Commissioner of Income Tax IX, Chennai. ..Appellant/Respondent Vs. Madhav Das Fomra (HUF)New No.261, Old No.126,Mint Street,Chennai – 600 079. ..Respondent/AppellantPrayer: Tax Case Appeal filed under Section 260-A of theIncome Tax Act, 1961 against the Order dated 13.2.2009 inI.T.A.No.793/Mds/2008 on the file of the Income Tax AppellateTribunal, Madras 'D' Bench in respect of the assessment year2001-2002 and against the Order of the Commissioner of Income-Tax (Appeals)-IV, Chennai made in Appeal No.CIT(A)-IV/CHE/663/06-07, Dated 08.02.2008 for the Assessment Year 2001-2002 and against the Assessment Order of the Income-Tax Officer,Ward XI (3), Chennai made in PAN/GIR.No.AAA HM 1835 K Dated31.10.2006 for the Assessment Year 2001-2002. 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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. uskSd/- Asst.Registrar To /true copy/Sub Asst. Registrar 1. The Income Tax Appellate Tribunal, Madras 'D' Bench, Madras. 2. The Commissioner of Income-tax (Appeals) IV, Chennai- 600 006 3. The Income Tax Officer, Business Ward-XII(3), Chennai- 600 006. + 1 cc to Mr.T.Ravikumar, Senior Standing Counsel for Income TaxDepartment. Sr 4125Department. Sr 4125 + 1 cc to Mr.T.N.Seetharaman, Advocate Sr 3476