Tca/21/2013 Of Commissioner Of Income Tax v. M/S Srs Agri Foods

IN THE HIGH COURT OF JUDICATURE AT MADRAS THE HONOURABLE MR.JUSTICE M.JAICHANDRENANDTHE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal No.21 of 2013 Commissioner of Income Tax,Madurai .. Appellant M/s. SRS Agri Foods19, South Raja Street,Tuticorin - 628 001.PAN : .. Respondent Prayer: Appeal presented to the High Court against the order ofthe Income Tax Appellate Tribunal Madras `B' Bench, Chennaidated 08.08.2012, in I.T.A.No. 964/MDS/2012 as against the orderdt.1.2.2012 on the file of the Commissioner of Income Tax-I, inC.No.401/04/CIT-I/2011-12 in P.A.No.AARFS1966L assessed by theAsst. Commissioner of Income Tax Circle-I, Tuticorin for theassessment year 2007-08, and as against the order dt.30.12.2009, onthe file of the Income Tax, Department in theP.A.N/9.I.R.No.AARFS1966L. For Respondent : Mr.N.Devanathan 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. https://hcservices.ecourts.gov.in/hcservices/ 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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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 VI) //True Copy// Sub Assistant Registrar To:The Income Tax Appellate Tribunal Madras `B' Bench. + 1 cc to Mr. M.Swaminathan, Advocate Sr.6319 Tax Case Appeal No.21 of 2013 SVI(CO)Eu 10.02.16