The Commissioner Of Income Tax, Tirunelveli v. M/S.p.balasubramanian (Firm)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.1.2016 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDRENANDTHE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal No.414 of 2012 The Commissioner of Income Tax,Tirunelveli... AppellantVersus M/s.P.Balasubramanian (Firm)No.43, Ameer Square Building,Kailasapuram,Tirunelveli 627 001.PAN: .. Respondent Prayer: Appeal presented to the High Court against the order ofthe Income Tax Appellate Tribunal Madras 'D' Bench, Chennaidated 29.05.2012, in I.T.A.No.2036/Mds/2011(Assessment year2006-2007) against order of the Commissioner of Income Tax(Appeals)II, Madurai in ITA No.148 & 149/2010-11 dated23.09.2011 against the Assessment order dated 23.12.2010 in PANNo.AAI FP 4380L by the Income Tax Officer Ward I(3), Tirunelveli. For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan The learned counsels appearing for the Appellant/Revenue hadsubmitted that they may be permitted by this Court to withdrawthe present tax case appeal, 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to revive the tax casehttps://hcservices.ecourts.gov.in/hcservices/ appeal, if it is found that it had been withdrawn,inadvertently, even though it falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeal stands dismissed, as withdrawn.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made clear that it would be open to theAppellant/Revenue to revive the tax case appeal, if it is foundthat it had been withdrawn, inadvertently, even though it fallsunder the exceptions mentioned in paragraph 8 of the Circular,within a period of twelve weeks from today.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(CCC) //True Copy// Sub Assistant Registrarlan/claTo against order of the Commissioner of Income Tax (Appeals)II,Madurai in ITA No.148 & 149/2010-11 dated 23.09.2011 against theAssessment order dated 23.12.2010 in PAN No.AAI FP 4380L by theIncome Tax Officer Ward I(3), Tirunelveli. To:1. The Asst. Registrar, Income Tax Appellate Tribunal Madras `D' Bench.RajajiBhavan, Chennai. 2. Income Tax of the (Appeals) II, Madurai.3. The Asst. Commissioner of Income Tax Co. Ward I(3), Tirunelveli. 4. The Commissioner of Income Tax, Tirunelveli. +1 cc to Mr.S.Swaminathan, Advocate, sr.4697 tej cokra 05.02.2016 https://hcservices.ecourts.gov.in/hcservices/