Tca/16/2015 Of Commissioner Of Income Tax v. M/S.10477, Elachipalayam

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDRENANDTHE HONOURABLE MRS.JUSTICE S.VIMALA Commissioner of Income TaxSalem.. Appellant M/s 10477, ElachipalayamPACN Ltd.,Elachipalayam PostThiruchengode TK 637 202.. Respondent Prayer: Appeal presented to the High Court against the order ofthe Income Tax Appellate Tribunal Madras 'D' Bench, dated08.05.2014, in I.T.A.No.970/Mds/2013 against the order of theCommissioner of Income Tax (Appeals), Salem dated 28.02.2013made in ITA No.257/2011-12 against the order of Income TaxOfficer, ward II(1) Salem made in PAN/GIR No.AABFE 5383k/21AE0002, dated 26.12.2011 for the assessment year 2009-10. JUDGMENT 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/-. 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to revive the tax casehttps://hcservices.ecourts.gov.in/hcservices/ appeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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 II) //True Copy// rg Sub Assistant Registrar To:1. The Income Tax Appellate Tribunal Madras 'D' Bench. 2. The Commissioner of Income Tax (Appeals),Salem. 3. The Income Tax Officer,Ward II(1), Salem. +1 cc to Mr.J.Narayanaswamy, Advocate, sr.5832 Tax Case Appeal No.16 of 2015 nm cokra 09.02.2016