Commissioner Of Income Taxchennai v. M/S.shreyas Stocks Pvt. Ltd.,Old
High Court
29 Jan 2016 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
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Commissioner Of Income Taxchennai v. M/S.shreyas Stocks Pvt. Ltd.,Old
Date of order
29 Jan 2016
Assessment year(s)
—
Outcome
Dismissed
Case summary
In Commissioner Of Income Taxchennai v. M/S.shreyas Stocks Pvt. Ltd.,Old, the High Court (2016) dismissed the appeal. The decision went in favour of the assessee.
Decision: In view of the said submissions made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 29.1.2016
CORAM
THE HONOURABLE MR.JUSTICE M.JAICHANDRENANDTHE HONOURABLE MRS.JUSTICE S.VIMALATax Case Appeal No.953 of 2010
Commissioner of Income TaxChennai.
.. Appellant
Versus
M/s.Shreyas Stocks Pvt. Ltd.,Old No.4, New No.7,Sarojini Street, T.Nagar,Chennai-17.
.. Respondent
Prayer: Appeal presented to the High Court against the order ofthe Income Tax Appellate Tribunal Madras `C' Bench, dated19.3.2010, in I.T.A.No.1611/Mds/2009.
against the Order made in ITA.No.460/2008-09 of the Commissionerof Income Tax(Appeals) V; Mahatma Gandhi Road, Chennai-34, dated19.02.2009 and against the Order of the Assistant Commissionerof Income Tax Company Circle-VI(2), Chennai made in PAN/GIRNO. ; dated 31.12.2008 for the Assessment year 2006-2007.
For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan
For Respondent : Mr.N.V.Balaji.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/-.
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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular.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.
-s/d-Assistant Registrar(CO)True CopySub-Assistant Registrar
ssk.To:1.The Income Tax Appellate Tribunal Madras `C' Bench.
2.The Commissioner of Income Tax(Appeals) V, Chennai-34
3. Assistant Commissioner of Income TaxCompany Circle VI(2) Chennai
+1 cc to Mr.M.Swaminathan Advocate sr.63807Tax Case Appeal No.953 of 2010
aa11/02/2016
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