Madras High CourtTCA/1161/2015dismissed for not pressed

The Commissioner Of Income v. Rohit Maganlal Mehta

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.1161 of 2015 Commissioner of Income Tax Chennai .. Appellant

Versus

M/s.Rohit Maganlal Mehta Malwa House, 10-1 Ritherdon Road, 1st Street, Vepery, Chennai - 600 007 PAN: AAGPM1007P .. Respondent 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 `B' Bench, dated 20.05.2015 in I.T.A.No.2360/Mds/2014 against the order of the Commissioner of Income Tax (A)-IV, Chennai dt. 30.4.2014 made in ITA.155/13-14 and against the order of the Income Tax Officer, Business Ward XII(1) Chennai, dt. 28.03.2013 made in PAN.No.AAGPM1007P for the Assessment year 2010-2011.

For Appellant : Mr.T.Ravikumar For Respondent : No Appearance

JUDGMENT

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that liberty may be granted to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the circular.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made by the learned counsel appearing for the Appellant/Revenue, the present tax case appeal stands dismissed, as withdrawn.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clear that it would be open to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the Circular, within a period of twelve weeks from today.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

The Income Tax Appellate Tribunal Madras `B' Bench., Chennai.

2. The Commissioner of Income Tax, Chennai.

3. The Commissioner of Income Tax, Appeals IV, Chennai.

4. The Income Tax Officer, Business Ward XII (1), Chennai + 1 cc to Mr.T. Ravikumar, Advocate SR.4136 + 1 cc to Mr.S. Sridhar, Advocate SR.5977 Tax Case Appeal No.1161 of 2015 CA(CO) Eu 10.02.15 https://hcservices.ecourts.gov.in/hcservices/