Commissioner Of Income Tax, Salem v. M/S.kandagiri Spinning Mills Ltd.,Cuddalore Main Road, Udayapatti, Salem 636 140

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.449 of 2010 Commissioner of Income Tax, Salem.. Appellant Versus M/s.Kandagiri Spinning Mills Ltd.,Cuddalore Main Road, Udayapatti, Salem 636 140... Respondent Prayer: Appeal presented to the High Court against the order ofthe Income Tax Appellate Tribunal Madras `B' Bench, dated30.10.2009, in I.T.A.No.648/Mds/2009 against the order dated19.2.2009 made in ITA.No.165/06-07 passed by the commissioner ofIncome Tax (Appeals), Salem and against the order dated27.9.2006 passed by the Assistant Commissioner of Income TaxCompany Circle, Salem, for the assessment year 2004-05. For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan For Respondent : Mr.Philip George 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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. ssk. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant RegistrarTo:1. The Income Tax Appellate Tribunal Madras `B' Bench. Chennai.2. The Commissioner of Income Tax (Appeals) Salem.3. The Assistant Commissioner of Income Tax, Company Circle, Salem.+ 1 cc to Mr.J.Narayanaswamy, Advocate SR 6356sai(co)prk8/2Tax Case Appeal No.449 of 2010