The Commissioner Of Income Tax Chennai v. M/S.adityaram Properties (P) Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.1.2016 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDRENANDTHE HONOURABLE MRS.JUSTICE S.VIMALA The Commissioner of Income TaxChennai .. Appellant/AppellantVersus M/s.Adityaram Properties (P) Ltd.,No.14, Ambadi Road,Kotturpuram, Chennai – 600 085,PAN: .. Respondent/Respondent Prayer: Appeal presented to the High Court under Section 260-Aof the Income Tax Act, 1961 against the order of the Income TaxAppellate Tribunal Madras `C' Bench, dated 31.12.2014 inI.T.A.No.646/Mds/2013 against the order of the Commissioner ofIncome Tax (Appeals) II for the Assessment Year 2006-07 in ITANo.177/11-12, dated 21.01.2013 against the Assessment orderdated 23.12.2011 in PA No.AAACB2216N Assessment year 2006-07 bythe Assessment Commissioner of Income Tax Company circle II(3),Chennai. The learned counsel appearing for the Appellant/Revenue hadsubmitted that he may be permitted by this Court to withdraw thepresent tax case appeal, in view of the Circular No.21 of 2015,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 counsel 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionshttps://hcservices.ecourts.gov.in/hcservices/ mentioned in paragraph 8 of the circular. 3. In view of the said submissions made by the learnedcounsel appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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(CCC)//True Copy//Sub Assistant Registrar uskTo:1. The Assistant Registrar,The Income Tax Appellate Tribunal Madras `C' Bench, Rajaji Bhavan,Chennai. 2. The Commissioner of Income Tax (Appeals)II,No.46, (Old no.108), Mahatma Gandhi Road,Chennai 34. 3. The Commissioner of Income :TaxCentral circle II(3), Chennai. 4. The Commissioner of Income Tax, Chennai. Tax Case Appeal No.773 of 2015tej cokra 24.02.2016