Commissioner Of Income Tax Salem v. M/S.attur Town Co-Op. Bank Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.1.2016 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDRENANDTHE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal No.247 of 2011 Commissioner of Income Tax Salem. .. AppellantVersus M/s.Attur Town Co-op. Bank Ltd.,78, Arunagirinathar Street,Attur 636 102. Salem District. ... Respondent Prayer: Appeal presented to the High Court against the order ofthe Income Tax Appellate Tribunal Madras `B' Bench, dated9.11.2010, in I.T.A.No.1213/Mds/2010 Assessment year 2005-06against the order of the Commissioner of Income Tax (A) Salemdated 3.5.2010 made in ITA.No.126/07-08 and against the order ofthe Income Tax Officer Ward II(3)Salem dated 30.12.2007 made inPAN GIR.No.23 AT0001 11(3) Salem. For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan For Respondent : Mr.R.Senniappan O R D E R 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/-. 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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/- Asst.Registrar (CO) /true copy/Sub Asst. Registrarssk.To:1. The Income Tax Appellate Tribunal Madras `B' Bench.2. The Commissioner of Income Tax(A) Salem3. The Income Tax Officerward II (3) Salem1 cc to Mr.R. Senniappan, Advocate, Sr. 6454+1 cc to Mr.J.Narayanaswamy, Advocate,sr.6332 (10/5/16) Tax Case Appeal No.247 of 2011 EV (CO)kk 12/2 https://hcservices.ecourts.gov.in/hcservices/