Commissioner Of Income Taxchennai v. M/S.covanta Samalpatti Operating P.ltd.,New

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDRENANDTHE HONOURABLE MRS.JUSTICE S.VIMALA Commissioner of Income TaxChennai ... Appellant/Appellant Versus M/s.Covanta Samalpatti Operating P.Ltd.,New No.44, Old No.41, M.G.Ramachandran Road,Kalasektra Colony,Besant Nagar,Chennai – 600 090. ... Respondent/Respondent Prayer: Appeal presented to the High Court under Section 260-Aof the Income Tax Act, 1961 against the order of the Income TaxAppellate Tribunal Madras `B' Bench, dated 19.8.2014, inI.T.A.No.1675/Mds/2013 against the Order in ITA.No.118/12-13 ofthe Commissioner of Income Tax(Appeals) VI, 121, Mahatama GandhiRoad, Chennai - 34 dated 28.01.2013 for the Assessment Year 2002- 2003 and against the Order of the Assistant Commissioner ofIncome Tax, Company Circle - I(3), Chennai dated 18.11.2009 madein GIR/PAN.No. for the Assessment Year 2002 - 03. JUDGMENT 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/-. 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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 V) //True Copy// usk Sub Assistant Registrar To: 1.The Income Tax Appellate Tribunal Madras `B' Bench, Madras. Madras `B' Bench, Madras. 2.The Commissioner of Income Tax(Appeals) - VI, 121, Mahatma Gandhi Road, Chennai - 34. 121, Mahatma Gandhi Road, Chennai - 34. 3.The Assistant Commissioner of Income Tax, Company Circle - I(3), Chennai. Company Circle - I(3), Chennai. +1cc to Mr.T.Ravikumar, Advocate, S.R.No.4114+1cc to Mr.S.Sridhar, Advocate, S.R.No.4327 Tax Case Appeal No.50 of 2015 SCD(CO)CA(08/02/2016)