Commissioner Of Income Taxcoimbatore v. Shri. P.subramanianno.80-A, P.v.krishnan Streetk.k.pudurcoimbatore – 641 038

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.1.2016 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDRENANDTHE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal No.160 of 2013 Commissioner of Income TaxCoimbatore .. Appellant/Respondent Versus Shri. P.SubramanianNo.80-A, P.V.Krishnan StreetK.K.PudurCoimbatore – 641 038 ..Respondent/Appellant Prayer: Appeal has been filed u/s 260A of Income Tax act, 1961against the order of the Income Tax Appellate Tribunal Madras'A' Bench, dated 26.7.2012 in ITA No.1363/Mds/2010 against theorder passed by the Commissioner of Income Tax(Appeals-I),Coimbatore order dated 29.07.2010 in Appeal No.219/09-10 asagainst the order passed by the Additional Commissioner ofIncome Tax, Range II, Coimbatore-18 date of order 23.12.09 inPAN.NO.AOMPS8963A for the assessment year 2007-08. For Appellant : Mr.T.Ravikumar Mr.J.Narayanaswamy Mr.T.R.Senthil Kumar Mr.M.Swaminathan For Respondent : No Appearance J U D G M E N T 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/-. 2. The learned counsels had further submitted that libertymay be granted to the Appellant/Revenue to revive the tax casehttps://hcservices.ecourts.gov.in/hcservices/ appeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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-III) /TRUE COPY/ Sub-Assistant Registrar lanTo: 1.The Assistant Registrar,The Income Tax Appellate Tribunal,Madras 'A' Bench, Rajaji Bhavan,Besant Nagar, Chennai. 2.The Commissioner of Income Tax,Coimbatore. 3.The Commissioner of Income Tax(Appeals)I, Coimbatore. 4.The Additional Commissioner of Income Tax,Range-II , Coimbatore -18. +1 CC to MR.S.Sridhar Advocate. SR.NO. 5964+1 CC to MR.J.Narayanaswamy Advocate. SR.NO.6359 CO-PURJD 15/02/2016 https://hcservices.ecourts.gov.in/hcservices/