Commissioner Of Income Tax-Viii Chennai v. The Sholingur Co-Operative Milk Producer's Society Ltd

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.981 of 2010 Commissioner of Income Tax-VIIIChennai .. AppellantVersus The Sholingur Co-operative Milk Producer's Society Ltd.,25, Venkatrayapillai Street,Sholingur-631 102 (PAN No. ).. Respondent Prayer: Appeal presented to the High Court against the order ofthe Income Tax Appellate Tribunal Madras `B' Bench, Chennai,dated 09.04.2010, in I.T.A.No.1988/Mds/2008 against the orderof the Commissioner of Income Tax (appeals) IX, Chennai dated10.01.2008 in ITA No.74/07-08 for the assessment year 2003-2004against the assessment of the Income Tax Office Ward I (4)Vellore dated 06.12.2006 for the year 2003-2004. For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan For Respondent : Mr.T.N.Seetharaman 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,https://hcservices.ecourts.gov.in/hcservices/ inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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 //True Copy// Sub Assistant Registrar ssk/mskTo:1. The Income Tax Appellate Tribunal Madras `B' Bench.2. The Assistant Registrar,Income Tax Appellate Tribunal,Chennai. 3. The Commissioner of Income Tax,Chennai. 4. The Commissioner of Income Tax (Appeal IX),Chennai. 5. The Income Tax Officer,Ward I(4), Vellore.+1 cc to M/s.T.N.Seetharaman, Advocate, sr.4320+1 cc to M/s. M.Swaminathan, Advocate, sr.4293 mp cokra 03.02.2016 Tax Case Appeal No.981 of 2010