Commissioner Of Income Tax Ixchennai v. Udhav Das Fomra (Indl.)New

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.01.2016 CORAM: THE HON'BLE MR.JUSTICE M.JAICHANDREN ANDTHE HON'BLE MRS.JUSTICE S.VIMALA T.C.A.NO.345 OF 2010 Commissioner of Income Tax IXChennai....Appellant/ Respondent Vs. Udhav 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.790/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 order ofthe Income - Tax Officer, Business ward-XII(3) Chennai-6 made inPAN/GIR.NO.AAAPF2442B dated 30.12.2005 for the Assessment year2001-02. For Appellant: Mr.T.Ravikumar, Mr.J.Narayanaswamy, Mr.T.R.Senthilkumar and Mr.M.Swaminathan For Respondent : Mr.T.N.SeetharamanJUDGMENTJudgment 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 of Revenue,Ministry of Finance, Government of India, dated 10.12.2015, as thetax effect relating to the matter is less than Rs.20,00,000/-. https://hcservices.ecourts.gov.in/hcservices/ 2. The learned counsels had further submitted that liberty maybe granted to the Appellant/Revenue to revive the tax case appeal,if it is found that it had been withdrawn, inadvertently, eventhough it falls under the exceptions mentioned in paragraph 8 ofthe circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present tax caseappeal stands dismissed, as withdrawn.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clear that it would be open to the Appellant/Revenue to revivethe tax case appeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptions mentionedin paragraph 8 of the Circular, within a period of twelve weeksfrom today. No costs. Sd/- Asst.Registrar (CO) /true copy/Sub Asst. RegistraruskTo1. 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-XII(3), Chennai- 600 006. 1 cc to Mr.T. Ravikumar, Standing Counsel for Income TaxDepartment, Sr. 4125 1 cc to Mr.T.N. Seetharaman, Advocate, Sr. 3471 T.C.A.No.345 of 2010 BVR (CO)kk 18/4