Tca/1047/2010 Of Commissioner Of Income Tax v. M/S.magnetic Meter Systems

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 25.1.2016 Coram The Honourable Mr.Justice M.JAICHANDRENandThe Honourable Mrs.Justice S.VIMALA Tax Case (Appeal) No.1047 of 2010 Commissioner of Income TaxChennai ... Appellant-vs-M/s.Magnetic Meter Systems Ltd.,Raheja Towers, 7[th] FloorUnit No.708, Beta WingNo.177, Anna SalaiChennai – 600 002 ...RespondentTax Case (Appeal) filed under Section 260 A of theIncome Tax Act, 1961 against the order of the Income TaxAppellate Tribunal Madras D Bench, dated 26.2.2010 in ITANo.693/mds/2008 against the order of Commissioner of IncomeTax (Appeals) V, Chennai made in ITA.No.518/2006-07 dated17.1.2008 for the assessment year 2002-2003 which was filedagainst the order of Assistant Commissioner of Income taxCompanyCircleIV,(1)ChennaimadeinP.A.No./G.I.No.AAACM2448P/MA.76 dated of 20.11.2006 for theassessment year 2002-03. For appellant : Mr.T.RavikumarMr.J.NarayanaswamyMr.T.R.Senthil KumarMr.M.SwaminathanFor respondent : Mr.T.N.Seetharaman https://hcservices.ecourts.gov.in/hcservices/ J U D G M E N T (The Judgment of the Court was made by M.JAICHANDREN,J.) ThelearnedcounselsappearingfortheAppellant/Revenue had submitted that they may be permittedby this Court to withdraw the present tax case appeal, inview of the Circular No.21 of 2015, issued by the CentralBoard of Direct Taxes, Department of Revenue, Ministry ofFinance, Government of India, dated 10.12.2015, as the taxeffect relating to the matter is less than Rs.20,00,000/-. 2. The learned counsels had further submitted thatliberty may be granted to the Appellant/Revenue to revivethe tax case appeal, if it is found that it had beenwithdrawn, inadvertently, even though it falls under theexceptions mentioned in paragraph 8 of the circular. 3. In view of the said submissions made by the learnedcounsels appearing for the Appellant/Revenue, the presenttax case appeal stands dismissed, as withdrawn. It is madeclear that the questions of law, which may arise for thedecision of this Court, in the present tax case appeal, areleft open to be considered and decided in appropriate cases,in accordance with law. It is also made clear that it wouldbe open to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the Circular, within a period oftwelve weeks from today. No costs. Sd/- Asst.Registrar (CS III ) /true copy/ lanTo: Sub Asst. Registrar 1. The Income Tax Appellate Tribunal Madras D Bench2. The Commissioner of Income Tax (Appeals) VChennai 3. The Assistant Commissioner of Income taxCompany Circle (IV, (1) Chennai 4. The Commissioner of Income Tax Chennai 1 cc to M/s.T.R. Senthilkumar, Advocate, Sr. 42211 cc to Mr.T.N.Seetharaman, Advocate, Sr. 4319Tax Case (Appeal) No.1047 of 2010AK(CO)kk 8/2