Commissioner Of Income Tax Ix Chennai v. Sushil Kumar Fomra , (Indl) 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.343 OF 2010 Commissioner of Income Tax IXChennai....Appellant/ Respondent Vs.Sushil Kumar Fomra , (Indl)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.788/Mds/2008 on the file of the Income Tax AppellateTribunal, Madras 'D' Bench in respect of the assessment year 2001-2002 and against the order of the Commissioner of Income Tax IX,Chennai-6 made in C.No.12/CIT-IX / Revision/07-08 dated 18.3.2008for the assessment year 2001-02 and against the Assessment orderof the Income - Tax Officer, Business ward-XII(3) Chennai-6 madein PAN/GIR.NO. /417664-S dated 30.12.2005 for theAssessment year 2001-02. Judgment of the Court was made by M.JAICHANDREN,J.) The learned counsels appearing for the Appellant/Revenue hadsubmitted that they may be permitted by this Court to withdraw thepresent tax case appeal, in view of the Circular No.21 of 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 less thanhttps://hcservices.ecourts.gov.in/hcservices/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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn, inadvertently,even though it falls under the exceptions mentioned in paragraph 8of the circular. 3. In view of the said submissions made by the learnedcounsels appearing for the Appellant/Revenue, the present tax caseappeal stands dismissed, as withdrawn. It is made clear that thequestions of law, which may arise for the decision of this Court,in the present tax case appeal, are left open to be considered anddecided in appropriate cases, in accordance with law. It is alsomade clear that it would be open to the Appellant/Revenue torevive the tax case appeal, if it is found that it had beenwithdrawn, inadvertently, even though it falls under theexceptions mentioned in paragraph 8 of the Circular, within aperiod of twelve weeks from today. No costs. Sd/- Asst.Registrar (CO) /true copy/Sub Asst. RegistraruskTo1. The Income Tax Appellate Tribunal, Madras 'D' Bench , Madras2. The Commissioner of Income-tax – IX, Chennai3. The Income Tax Officer, Business Ward-XII(3), Chennai- 600 006. 1 cc to Mr.T. Ravikumar, Standing Counsel for Income TaxDepartment, Sr. 41251 cc to Mr.T.N. Seetharaman, Advocate, Sr. 3473T.C.A.No.343 of 2010 BVR (CO)kk 18/4