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Madras High CourtTCA/424/2015withdrawn dismissed

Commissioner Of Income Tax v. M/S. Tyco Sanmar Limited

2016-01-28Honourable Dr. Justice S. Vimala,Honourable Mr Justice M. Jaichandren2 pages

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.424 of 2015 Commissioner of Income Tax Company Circle III Chennai .. Appellant

Versus

M/s Tyco Sanmar Limited No.9, Cathedral Road Chennai 600 086 PAN AAACT7409H .. Respondent Prayer: Appeal presented to the High Court against the order of the Income Tax Appellate Tribunal Madras 'C' Bench, dated 12.12.2014, in I.T.A.No.1551/Mds/2014 against the order of the Commissioner of Income Tax (Appeals)-III, Chennai-34, dated 22.1.2014 made in ITA.1351/2013-14 and against the order of the Additional Commissioner of Income Tax Company Range-VI, Chennai34, dated 21.12.2010 made in PAN.AAACT 74094 for the Assessment year 2007-08.

For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan For Respondent : M/s Subbaraya Aiyar

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/-.

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that liberty may be granted to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the circular.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made by the learned counsels appearing for the Appellant/Revenue, the present tax case appeal stands dismissed, as withdrawn.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clear that it would be open to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the Circular, within a period of twelve weeks from today.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

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

2. The Commissioner of Income Tax, Appeals-III, Chennai-34.

3. The Additional Commissioner of Income Tax, Company Range-III, Chennai-34 + 1 cc to Mr.M. Swaminathan, Advocate SR.5860 Tax Case Appeal No.424 of 2015 CA(CO) Eu 10.02.16 https://hcservices.ecourts.gov.in/hcservices/