The Commissioner Of Income Tax Chennai v. Ashok Magnetics Ltd.,Aml Towers

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 25.1.2016 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDRENANDTHE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal No.159 of 2015 The Commissioner of Income Tax Chennai .. Appellant Versus Ashok Magnetics Ltd.,AML Towers, No.9, 6[th] StreetGopalapuram, Chennai – 600 086 ..Respondent Prayer: Appeal has been filed against the order of theIncome Tax Appellate Tribunal Madras `D' Bench, Chennai, dated4.9.2014 passed in I.T.A.No.1572/Mds/2014 and against the orderof the Commissioner of Income Tax Appeals-I Chennai dated25.2.2014 and made in ITA.No.32/09-10/A-1 and against the orderof the Assessment order of the Deptuy Commissioner of IncomeTax Company Circle 1(1) Chennai dated 9.12.2009 and made inPA.GIR.No.AAACA4304Q.Ax4-715 for the assessment year 2007-2008. J U D G M E N T 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/ may be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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. lan -s/d- Assistant Registrar(CS-II) True Copy To: Sub-Assistant Registrar 1. The Income Tax Appellate Tribunal Madras `D' Bench, Chennai 2. The Commissioner of Income Tax Company Circle 1(1) Chennai. 3. The Deputy Commissioner of Income Tax Company Cirlce 1(1) Chennai. 4. The Assistant Registrar Income Tax Appellate Tribunal, IIIrd Floor, Rajaji Bhavan, Besant Nagar, Chennai. IIIrd Floor, Rajaji Bhavan, Besant Nagar, Chennai. + 1 cc to Mr.T.Ravikumar, Sr.Standing Counsel SR 4140 rsy(co)prk2/2Tax Case Appeal No.159 of 2015