Commissioner Of Income Taxchennai v. A.v.thomas Leather & Alliedproducts Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.1.2016 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDRENANDTHE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal No.551 of 2011 Commissioner of Income TaxChennai .. Appellant Versus A.V.Thomas Leather & AlliedProducts Limited, 60, Rukmani Lakshmipathy Salai, Egmore, Chennai-600 008 .. Respondent Prayer: Appeal presented to the High Court against theorder of the Income Tax Appellate Tribunal Madras `D' Bench,Chennai, dated 29.6.2011, in I.T.A.No.66/Mds/2011 against theorder of the Commissioner of Income Tax,(Appeals)III, Chennaidated 28/10/2010 made in ITA.NO.96/09-10/A III, against theorder of the Deputy Commissioner of Income Tax, Company Circle I(1), Chennai dated 27/07/2009 made in PA/GIR.NO.AAACA6246K/AX2-046 For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan For Respondent : No appearance 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/-. https://hcservices.ecourts.gov.in/hcservices/ 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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-VII) /TRUE COPY/ Sub-Assistant Registrar ssk/mskTo: 1.The Registrar,The Income Tax Appellate Tribunal Madras `D' Bench. 2.The Commissioner of Income Tax(Appeals)III,121, Mahatma Gandhi Road, Chennai - 34. 3.The Deputy Commissioner of Income Tax, Company Circle I (1), Chennai. +1 CC to MR.T.Ravi Kumar Advocate. SR.NO.4689Tax Case Appeal No.551 of 2011 CO-NMJD 12/02/2016