Commissioner Of Income Tax v. M/S Maverick Systems Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.1.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal No.117 of 2014 Commissioner of Income Tax Chennai .. Appellant

Versus

M/s.Maverick Systems Ltd., 'Fagun Mansion' V Floor, 74, Ethiraj Salai, Egmore, Chennai 600 105.

.. Respondent Prayer: Appeal presented to the High Court against the order of the Income Tax Appellate Tribunal Madras `B' Bench, dated 09.01.2013, in I.T.A.No.1880/Mds/2011, against the order of the Commissioner of Income Tax (Appeals)-V, Chennai-34 dated 16.8.2011 and made in ITA No.321/2010-11 for the Assessment year 2008-09 against the order of the Deputy Commissioner of Income Tax Company Circle Iv(1), Chennai dated 31.12.2010 and made in PAN/GIR No.AACCM2335D/MA-409 for the Assessment year 2008-09. For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan For Respondent : Mr.S.Sridhar

O R D E R

The learned counsels appearing for the Appellant/Revenue had submitted that they may be permitted by this Court to withdraw the present tax case appeal, in view of the Circular No.21 of 2015, issued by the Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India, dated https://hcservices.ecourts.gov.in/hcservices/

10.12.2015, as the tax effect relating to the matter is less than Rs.20,00,000/-.

2. The learned counsels had further submitted that liberty may be granted to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the circular.

3. In view of the said submissions made by the learned counsels appearing for the Appellant/Revenue, the present tax case appeal stands dismissed, as withdrawn. It is made clear that the questions of law, which may arise for the decision of this Court, in the present tax case appeal, are left open to be considered and decided in appropriate cases, in accordance with law. It is also made clear that it would be open to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the Circular, within a period of twelve weeks from today. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To:

1.The Income Tax Appellate Tribunal Madras `B' Bench.

2.The Commissioner of Income Tax(Appeals)-V, Chennai-34.

3.The Deputy Commissioner of Income Taxes Company Circle-IV(1) Chennai +1cc to Mr.S.Sridhar, Advocate sr.3679 +1cc to Mr.T.R.Senthilkumar, Advocate sr.3922 Tax Case Appeal No.117 of 2014 jsv[co] srg 01/02/2016 https://hcservices.ecourts.gov.in/hcservices/