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

Commissioner of Income Tax IXChennai....Appellant/ RespondentVs. Madhav Das Fomra (Indl.)New No.261, Old No.126,Mint Street,Chennai – 600 079. ...Respondent/ Appellant Prayer: Tax Case Appeal filed under Section 260-A of theIncome Tax Act, 1961 against the Order dated 13.2.2009 inI.T.A.No.794/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 IncomeTax IX, Chennai- dated 18.3.2008 made in C.No.12/CIT-IX /Revision/07-08 for the assessment year 2001-02 and against theAssessment order passed by Income - Tax Officer, ward-XI(3)Chennai-6 made in PAN/GIR.NO. dated 31.3.2006 for theAssessment year 2001-02. 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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. Sd/- Asst.Registrar (CO) /true copy/ uskTo Sub Asst. Registrar 1. The Income Tax Appellate Tribunal, Madras 'D' Bench ,Madras 2. The Commissioner of Income-tax – IX, Chennai- 600 006 3. The Income Tax Officer, Business Ward-XI(3), Chennai- 600 006. 1 cc to Mr.T.N. Seetharaman, Advocate, Sr. 3474 T.C.A.No.346 of 2010 BVR (CO)kk 18/4