Commissioner Of Income Tax v. M/S.10477, Elachipalayam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal No.16 of 2015 Commissioner of Income Tax Salem .. Appellant

Versus

M/s 10477, Elachipalayam PACN Ltd., Elachipalayam Post Thiruchengode TK 637 202 .. Respondent Prayer: Appeal presented to the High Court against the order of the Income Tax Appellate Tribunal Madras 'D' Bench, dated 08.05.2014, in I.T.A.No.970/Mds/2013 against the order of the Commissioner of Income Tax (Appeals), Salem dated 28.02.2013 made in ITA No.257/2011-12 against the order of Income Tax Officer, ward II(1) Salem made in PAN/GIR No.AABFE 5383k/21AE 0002, dated 26.12.2011 for the assessment year 2009-10. For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan For Respondent : Mr.B.Vasudevan

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 https://hcservices.ecourts.gov.in/hcservices/

appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the circular.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made by the learned counsels appearing for the Appellant/Revenue, the present tax case appeal stands dismissed, as withdrawn.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clear that it would be open to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the Circular, within a period of twelve weeks from today.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

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

2. The Commissioner of Income Tax (Appeals), Salem.

3. The Income Tax Officer, Ward II(1), Salem.

+1 cc to Mr.J.Narayanaswamy, Advocate, sr.5832 Tax Case Appeal No.16 of 2015 nm co kra 09.02.2016 https://hcservices.ecourts.gov.in/hcservices/