The Commissioner Of Income Tax – Vii, Chennai v. M/S.letraco India

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.01.2016 CORAMTHE HONOURABLE MR.JUSTICE M.JAICHANDRENANDTHE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal Nos.1356 and 1357 of 2010 The Commissioner of Income Tax – VII,Chennai... Appellant in both the TCAVersus M/s.Letraco India,No.1B, Atkinson Palace,2, Jothi Venkatachalam Road,Vepery, Chennai – 600 007(PAN ) .. Respondent in TCA 1356 of 2010 M/s.Letraco Kid Leather,No.1B, Atkinson Palace,2, Jothi Venkatachalam Road,Vepery, Chennai – 600 007(PAN ) .. Respondent in TCA 1357 of 2010 Prayer: Appeals presented to the High Court against the order ofthe Income Tax Appellate Tribunal Madras 'B' Bench, dated10.12.2009 in I.T.A.Nos.1315/Mds/08 and 1316/Mds/08,respectively Chennai against the order of Commissioner of IncomeTax (Appeals) -IX, 121, Mahatma Mandhi Road, Chennai -600 034made inITA NO.157/07-08 and ITA No.156/07-08, dated of order24.3.2008 for the assessment year 2002-03 and 2005-06. against the order of Deputy Commissioner of Income Tax,Business Circle-VI, Chennai-34 made in PAN.No./GIR No.AAAFL7664Ddated of order 24.12.2007, Assessment year 2002-03 against theorder of Joint Commissioner of Income Tax, Business Range VI(1/c) Chennai-34 made in PAN No./GIR NO. date of order31.12.2007 Assessment year 2005-06. For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan For Respondents : M/s.Pass Associates https://hcservices.ecourts.gov.in/hcservices/ COMMON JUDGMENT (Judgment of the Court was made by M.JAICHANDREN, J) 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libertymay be granted to the Appellant/Revenue to revive the tax caseappeals, if it is found that the same had been withdrawn,inadvertently, even though the same falls under the exceptionsmentioned in paragraph 8 of the circular. 3.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made by the learnedcounsels appearing for the Appellant/Revenue, the present taxcase appeals stand dismissed, as withdrawn.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 the same had been withdrawn, inadvertently, even though thesame falls 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 Registrar rg/asvm To: 1. The Income Tax Appellate Tribunal Madras 'B' Bench. 2. Commissioner of Income Tax (Appeals)-IX, Chennai. https://hcservices.ecourts.gov.in/hcservices/ 3. The Deputy Commissioner of Income Tax, Business Circle-VI, Chennai.-34. Business Circle-VI, Chennai.-34. 4. The Joint Commissioner of Income Tax, Business Range VI(1/C) Chennai-34. Business Range VI(1/C) Chennai-34. 5. The Commissioner of Income Tax, VII, Chennai. + 1 cc to Mr.T.R. Senthilkumar, Advocate SR.5841 Tax Case Appeal Nos.1356 and 1357 of 2010 AK(CO)EU 5.2.16