The Commissioner Of Income Tax, Pondicherry v. Sri Vineet Chudiwala

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.01.2016 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDRENANDTHE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal No.1117 of 2010 The Commissioner of Income Tax,Pondicherry. .. AppellantVersus Sri Vineet Chudiwala .. Respondent Prayer: Appeal presented to the High Court u/s 260A of theIncome Tax Act, 1961 against the order of the Income TaxAppellate Tribunal Madras 'C' Bench, dated 14.05.2010, inI.T.A.No.696/Mds/2009 against the order of the Commissioner ofIncome Tax(Appeals)-XII, 121, Mahatma Gandhi Road, Nungambakkam,Chennai 34 made in ITA.No.192/07-08, dated 05.12.2008 for theassessment year 2003-04. against the assessment order passed by the Income TaxOfficer,wardI(2),PondicherrymadeinPAN.NO/GIr.No.ABYPV0258J/5611-V dated 31.03.2006 for theassessment year 2003-04. 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/ 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that libertymay be granted to the Appellant/Revenue to revive the tax caseappeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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-III) /TRUE COPY/ Sub-Assistant Registrar cla/rg To: 1.The Income Tax Appellate Tribunal Madras 'C' Bench. 2.The Commissioner of Income Tax(Appeals)-XII,121, Mahatma GandhiRoad, Nungambakkam,Chennai - 34. 3.The Income Tax Officer, Ward I(2), Pondicherry. 4.The Commissioner of Income Tax,Pondicherry+1 CC to MR.J.Narayanaswamy Advocate. SR.NO. 5847 CO-AKJD 08/02/2016