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Commissioner Of Income Tax,Coimbatore v. Shri.p.vanchimuthu29, Teachers Lane,Peelamedu,Coimbatore - 641 009

High Court 29 Jan 2016 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
Commissioner Of Income Tax,Coimbatore v. Shri.p.vanchimuthu29, Teachers Lane,Peelamedu,Coimbatore - 641 009
Date of order
29 Jan 2016
Assessment year(s)
2009-10
Outcome
Dismissed

Case summary

In Commissioner Of Income Tax,Coimbatore v. Shri.p.vanchimuthu29, Teachers Lane,Peelamedu,Coimbatore - 641 009, 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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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 MADRAS DATED: 29.1.2016 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDRENANDTHE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal No.447 of 2014 Commissioner of Income Tax,Coimbatore ..Appellant Versus Shri.P.Vanchimuthu29, Teachers Lane,Peelamedu,Coimbatore - 641 009. ..Respondent Prayer: Appeal presented to the High Court against theorder of the Income Tax Appellate Tribunal Madras 'C' Bench,Chennai dated 30.09.2013, in I.T.A.No. 44/Mds/2013 against theorder of the Commissioner of Income Tax(Appeals)-I, Coimbatoredated 19.10.2012 and made in Appeal No.371/11-12. against the order of the Assistant Commissioner of IncomeTax, Circle-II, Coimbatore dated 29.12.2011 and made inPAN/GIr.NO.ABQPV6126M for the Assessment Year 2009-10. For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan For Respondent : Mr.Subbaraye Aiyar 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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. sd/-Assistant Registrar(Cs-II) /TRUE COPY/ Sub-Assistant Registrar DS To: 1.The Income Tax Appellate Tribunal Madras 'C' Bench. 2.The Commissioner of Income Tax(Appeals)-I, Coimbatore 3.The Assistant Commissioner of Income Tax, Circle-II, Coimbatore +1 CC to MR.Subbaraye Aiyar Advocate. SR.NO. 6300 +1 CC to MR.T.R.Senthil Kumar Advocate. SR.NO.6407 Tax Case Appeal No.447 of 2014 CO-SVJD 11/02/2016 https://hcservices.ecourts.gov.in/hcservices/
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