Commissioner Of Income Taxtamil Nadu-Viii, Chennai v. M/S.international Services,Harbour Gage House,44-45, Rajaji Salai, Chennai 600 001
High Court
29 Jan 2016 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
Commissioner Of Income Taxtamil Nadu-Viii, Chennai v. M/S.international Services,Harbour Gage House,44-45, Rajaji Salai, Chennai 600 001
Date of order
29 Jan 2016
Assessment year(s)
—
Outcome
Dismissed
Case summary
In Commissioner Of Income Taxtamil Nadu-Viii, Chennai v. M/S.international Services,Harbour Gage House,44-45, Rajaji Salai, Chennai 600 001, 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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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.1406 of 2009
Commissioner of Income TaxTamil Nadu-VIII, Chennai.... Appellant/Appellant
Versus
M/s.International Services,Harbour Gage House,44-45, Rajaji Salai, Chennai 600 001.PAN No.AAAF10229E... Respondent/Respondent
Prayer: Appeal presented to the High Court against the order ofthe Income Tax Appellate Tribunal Madras `B' Bench, dated7.8.2009, in I.T.A.No.2002/Mds/2008 against the Order of theCommissioner of Income Tax(Appeals) IX, Chennai made inITA.No.140/07-08 dated 14.07.2008 against the Order of theAdditional Commissioner of Income Tax, Business Range - VIII,Chennai 6, PAN No.AAAF10229E, dated 05.12.2007.
For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar
Mr.J.Narayanaswamy Mr.M.Swaminathan
For Respondent : Mr.S.Sridhar
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 ofRevenue, Ministry of Finance, Government of India, dated10.12.2015, as the tax effect relating to the matter is lessthan 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular.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
ssk.
//True Copy// Sub Assistant Registrar
To:
1.The Income Tax Appellate Tribunal
Madras 'B' Bench, Chennai.
2.The Commissioner of Income Tax,
(Appeals) IX, Chennai.
3.The Additional Commissioner of Income Tax, Business Range VIII, Chennai 06. Business Range VIII, Chennai 06.
VGI(CO)CA(23/02/2016)
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