Madras High CourtTCA/774/2014dismissed for not pressed

The Commissioner Of Income Tax v. M/S.Prithvi Softech Ltd

2016-01-21Honourable Dr. Justice S. Vimala,Honourable Mr Justice M. Jaichandren2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.1.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal No.774 of 2014 Commissioner of Income Tax Chennai .. Appellant/Respondent

Versus

M/s.Prithvi Softech Limited, 33, Montieth Road, Egmore, Chennai - 603 103.

.. Respondent/Appellant.

Prayer: Appeal presented to the High Court under Section 260-A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal Madras `D' Bench, dated 28.7.2011 in I.T.A.No.787/Mds/2010 against the order of the Commissioner of Income Tax, Chennai III (i/c), Chennai dated 12.3.2010 and made in C.No.12.3.2010 and made in C.No.3033/11/ITI/2009-10 for the assessment year 2005-06 against the order of the Commissioner of Income Tax Officer (OSD) Company Circle V(2), Chennai dated 28.12.2007 and made in PAN.No.AAACO10971 for the Assessment year 2005-06.

For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar For Respondent : No Appearance

JUDGMENT

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that liberty may be granted to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the circular.

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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made by the learned counsels appearing for the Appellant/Revenue, the present tax case appeal stands dismissed, as withdrawn.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clear that it would be open to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the Circular, within a period of twelve weeks from today.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. usk -s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar To:

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

2. The Commissioner of Income Tax Chennai III (i/c), Chennai 34.

3. The Commissioner of Income Tax Officer, (OSD) Company Cirlce V(2), Chennai 31.

jsv(co) prk1/2 Tax Case Appeal No.774 of 2014 https://hcservices.ecourts.gov.in/hcservices/