Commissioner Of Income Taxchennai v. M/S.sri Lakshmi Varaha Traders

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 21.1.2016 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDRENAND THE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal No.439 of 2012 Commissioner of Income TaxChennai .. Appellant Versus M/s.Sri Lakshmi Varaha Traders,No.8, Vadamalai Maistry Street,Facing Amman Koil Street,Chennai – 600 079. .. Respondent Prayer: Appeal presented to the High Court under Section 260-Aof the Income-tax Act against the order of the Income TaxAppellate Tribunal Madras `D' Bench, dated 19.6.2012, inI.T.A.No.102/Mds/2012 for the assessment year 2007-2008. against the Order passed by the Commissioner of Income Tax(Appeals IV ) 121, Mahatma Gandhi Road, Chennai-34 made in ITANo.409/2009-10/A-IV, Dated 31.10.2011 for the assessment year2007-2008. against the assessment order passed by the ward-XII(3)Chennai made in PAN/GIR.No. Dated 30.12.2009 for theassessment year 2007-2008. 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 of https://hcservices.ecourts.gov.in/hcservices/ Revenue, 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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/- Asst.Registrar (CS III ) /true copy/Sub Asst. Registrar usk To:1.The Income Tax Appellate Tribunal Madras `D' Bench Chennai 2. Commissioner of Income Tax(Appeals)IV121, Mahatma Gandhi Road, Chennai-34 3. Income Tax Office Business ward XII(3) Chennai +1 cc to M/S.T.RaviKumar Advocate sr.4130/16+1 cc to M/s.Anitha Sumath Advocate sr.3662/16 Tax Case Appeal No.439 of 2012 aa04/02/2016