The Commissioner Of Income Tax Chennai v. M/S.abi Showatech (India) Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.1.2016 THE HONOURABLE MR.JUSTICE M.JAICHANDRENANDTHE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal Nos.479 to 481 of 2013 The Commissioner of Income TaxChennai .. Appellant in all the appealsVersusM/s.ABI Showatech (India) Limited,67, Chamiers Road,Chennai-600 028.. Respondent in all the appeals Prayer: Appeals presented to the High Court against the order ofthe Income Tax Appellate Tribunal Madras `D' Bench, dated02.01.2013,inI.T.A.Nos.37/Mds/2011,38/Mds/2011and247/Mds/2011. ITA No.37-Assessment Year 2003-04 - TCA 479/2013,ITA No.38-Assessment Year 2004-2005 TCA 480/2013, ITA No.247-Assessment Year 2004-2005 TCA No.481/2013 against the Assessmentorder passed by the (PT(A)-III) in ITA No.193/09-10/A-III, dated16.11.2010 and the order passed by the CIT (A) III in ITANo.495/08-09/A III, dated 12.11.2010 against the Assessmentorder of the Deputy CIT, Company circle -(1), Chennai 34, dated30.10.2009 for the Assessment Year 2004-05 and the Assessmentorder passed by the Deputy CIT, CC1(1), Chennai dated 15.12.2008for the Assessment year 2003-04. COMMON JUDGMENT The learned counsels appearing for the Appellant/Revenuehad submitted that they may be permitted by this Court towithdraw the present tax case appeals, 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,https://hcservices.ecourts.gov.in/hcservices/ dated 10.12.2015, as the tax effect relating to the matter isless than Rs.20,00,000/-. 2. The learned counsels had further submitted that libertymay be granted to the Appellant/Revenue to revive the tax caseappeals, if it is found that they had been withdrawn,inadvertently, even though they fall under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeals stand dismissed, as withdrawn. It is made clearthat the questions of law, which may arise for the decision ofthis Court, in the present tax case appeals, 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clear that it would be open to theAppellant/Revenue to revive the tax case appeals, if it is foundthat they had been withdrawn, inadvertently, even though theyfall under the exceptions mentioned in paragraph 8 of theCircular, within a period of twelve weeks from today. No costs. Sd/-Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar usk/msk To:1. The Income Tax Appellate Tribunal Madras `D' Bench. 2. The Commissioner of Income Tax (Apepals) III,Chennai. 3. The Deputy Commissioner of Income Tax,Company circle 1(1), Chennai. 4. The Commissioner of Income Tax, Chennai. +1 cc to Mr.Subbaraya Aiyar, Advocate,SR.3915 (04/05/16)+1 cc to Mr.T.R.Senthilkumar, Advocate, sr.3909+1 cc to Mr.T.Ravikumar, Advocate, sr.4132 ppa cokra 29.02.2016 https://hcservices.ecourts.gov.in/hcservices/