The Commissioner Of Income Tax Chennai v. M/S.a.s.shipping Agencies (P) Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDRENANDTHE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal Nos.486 & 487 of 2013 The Commissioner of Income TaxChennai .. Appellant in both the appealsVersusM/s.A.S.Shipping Agencies (P) Ltd.,113, Armenian Street,Chennai-600 001.. Respondent in both the appeals Prayer: Appeals filed u/s. 260 A of the IT.Act 1961 presented tothe High Court against the order of the Income Tax AppellateTribunalMadras`D'Bench,dated17.12.2012,inI.T.A.Nos.827/Mds/2010 and 852/Mds/2010 (Assessment year 2006 of) against the Commissioner of Income Tax Appeals-III,Chennai order dated 18.03.2010 in ITA.No.513/08-09/A-III against the Deputy Commissioner of Income Tax, CompanyCircle-I, (1), Chennai order dated 23.12.2008 in GIRNO.AAACA2906N/AXI-026. For Appellant : Mr.T.R.Senthilkumar Mr.J.Narayanasamy Mr.M.SwaminathanFor Respondent : M/s. S. Sridhar, COMMON JUDGMENT The learned counsels appearing for the Appellant/Revenue hadsubmitted that they may be permitted by this Court to withdrawthe present tax case appeals, 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeals, if it is found that they had been withdrawn,inadvertently, even though they fall under the exceptionsmentioned in paragraph 8 of the circular.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeals stand dismissed, as withdrawn.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clear that it would be open to theAppellant/Revenue to revive the tax case appeals, if it is foundthat they had been withdrawn, inadvertently, even though theyfall under the exceptions mentioned in paragraph 8 of theCircular, within a period of twelve weeks from today.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 II) //True Copy// Sub Assistant Registrarusk/mskTo:1. The Income Tax Appellate Tribunal Madras `D' Bench, Chennai.2. The Commissioner of Income Tax, (Appeals)-III,21, Mahatma Gandhi Road, Chennai-34.3. The Additional CIT, Company Range-I, Chennai.4. The Deputy Commissioner of Income Tax Company Circle, Chennai.1,+ 1 cc to Mr.T. Ravi Kumar, Advocate SR.4131+ 1 cc to Mr.S. Sridhar, Advocate SR.4330 Tax Case Appeal Nos.486 & 487 of 2013CTK(CO)EU 04.2.16