Commissioner Of Income Tax Pondicherry v. Mr.s.harsha

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.1.2016 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDRENANDTHE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal No.1226 of 2015 Commissioner of Income TaxPondicherry.. AppellantVersus Mr.S.HarshaS/o.N.SubramanianNo.7, First Cross,Vivekananda Nagar,Pondicherry-605 005.. Respondent Prayer: Appeal presented to the High Court against the orderof the Income Tax Appellate Tribunal Madras `A' Bench, Chennai,dated 1.5.2015, in ITA.No.2258/Mds/2013 and appeal against theorder of the Commissioner of Income Tax (Appeals)-VI 12/MG Road,Chennai-34, made in ITA No.620/13-14/A-VI dt. 28.11.2013 andagainst the Assessment order 2009-10 of the Joint CommissionerofIncomeTax,PuducherryRange,PuducherryinCR.NO.34/JCIT/PDY/27/D/2012-13 dt. 31.8.2012.For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan For Respondent : Mr.S.Sridhar O R D E R 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/-. 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. https://hcservices.ecourts.gov.in/hcservices/ 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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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(CS IV) //True Copy// Sub Assistant Registrarssk/mskTo:1.The Income Tax Appellate Tribunal Madras `A' Bench. 2. The Commissioner of Income Tax (A)-IV, 121, M.G. Road, Chennai-34. 3. The Commissioner of Tax Puducherry. 4. The Joint Commissioner of Income Tax, Puducherry. + 1 cc to Mr.S. Sridhar, Advocate Sr.4331+ 1 cc to Mr.J.Narayanaswamy, Advocate SR.4298 Tax Case Appeal No.1226 of 2015 KJI(CO)Eu 28.1.16