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Madras High CourtTC/77/2005withdrawn dismissed

M/S.Marutham Finance & v. The Asst. Commr. Of Income Tax

2019-04-04Honourable Dr Justice Vineet Kothari,Honourable Mr Justice C.V. Karthikeyan2 pages

Judgt. dt.4.4.19 in T.C.A.77/2005 Marutham Finance & Construction v. ACIT 1/2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 4.4.2019

CORAM

THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN Tax Case Appeal No.77 of 2005 M/s.Marutham Finance & Construction, 3/85-C, Arun Nagar, Maruthamalai Road, Vadavalli, Coimbatore.

Appellant Vs.

The Assistant Commissioner of Income Tax Company Circle I I(3) Coimbatore.

Respondent Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras 'C' Bench, Chennai, dated 21.9.2004made in ITA No.1456/Mds/2000. For Appellant : Mr.R.Vijayaraghavan for M/s.Subbaraya Aiyar Padmanabhan For Respondent : Mr.T. R.Senthilkumar, Senior Standing Counsel assisted by Ms.K.G.Usha Rani

JUDGMENT

(Delivered by DR.VINEET KOTHARI,J) Learned counsel for the Assessee Mr.R.Vijayaraghavan submitted that he may be permitted to withdraw the present Appeal.

2. Though the case records were to be reconstructed, the learned counsel on both sides produced copies of the order passed by the learned http://www.judis.nic.in

Judgt. dt.4.4.19 in T.C.A.77/2005 Marutham Finance & Construction v. ACIT 2/2 DR.VINEET KOTHARI, J.

and C.V.KARTHIKEYAN, J.

ssk.

Income Tax Appellate Tribunal alone and the order passed by the Authority below is not readily available with them. However, taking into consideration the copy of the order passed by the learned Income Tax Appellate Tribunal from which the present Appeal was filed by the Assessee in the year 2005, as prayed for by the learned counsel for the Assessee, we allow the present appeal to be withdrawn by the Assessee.

3. Learned Senior Standing Counsel Mr.T.R.Senthilkumar, appearing for the Respondent/Revenue has no objection for the same. The Appeal is, accordingly, dismissed as withdrawn. Copy of this Judgment may be sent to both Assessee and the Assessing Officer.

(V.K.,J.) (C.V.K.,J.) 4.4.2019 Index: Yes/No Internet: Yes/No ssk.

1. The Assistant Commissioner of Income Tax Company Circle lI(3) Coimbatore.

2. Income Tax Appellate Tribunal, Madras 'C' Bench, Chennai.

TCA No.77 of 2005 http://www.judis.nic.in