Commissioner Of Income Taxchennai v. V.r.venkatachalam

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 25.1.2016 Coram The Honourable Mr.Justice M.JAICHANDRENand The Honourable Mrs.Justice S.VIMALA Tax Case (Appeal) No.2182 of 2006 Commissioner of Income TaxChennai -vs- ...Appellant V.R.Venkatachalam ...Respondent Tax Case (Appeal) No.2182 of 2006 has been filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal Madras B Bench, dated 27.1.2006 in ITA No.1262/Mds/2002. For appellant : Mr.T.RavikumarMr.J.NarayanaswamyMr.T.R.Senthil KumarMr.M.Swaminathan For respondent : Mr.V.D.Gopal J U D G M E N T (The Judgment of the Court was made byM.JAICHANDREN,J.) The learned counsels appearing for the Appellant/Revenue had submitted that they may be permitted by this Court to withdraw the present tax case appeal, in view of the Circular No.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 is less than Rs.20,00,000/-. 2. The learned counsels had further submitted that liberty may be granted to the Appellant/Revenue to revive the tax case appeal, if it is found that they had been withdrawn, inadvertently, even though it fall under the exceptions mentioned in paragraph 8 of the circular. 3. In view of the said submissions made by the learned counsels appearing for the Appellant/Revenue, the present tax case appeal stands dismissed, as withdrawn. It is made clear that the questions of law, which may arise for the decision of this Court, in the present tax case appeal, are left open to be considered and decided in appropriate cases, in accordance with law. It is also made clear that it would be open to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the Circular, within a period of twelve weeks from today. No costs. Connected (M.J.,J) (S.V.,J) 25.1.2016 lan INDEX : YESINTERNET : YES To: The Income Tax Appellate Tribunal Madras B Bench, 4 M.JAICHANDREN, J.and S.VIMALA, J. lan Tax Case (Appeal) No.2182 of 2006