The Commissioner Of Income Tax v. M/S Chettinad Logistics Pvt Lt

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-01-2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal No.554 of 2015 The Commissioner of Income Tax, Chennai.

.. Appellant/Respondent

Versus

M/s.Chettinad Logistics Pvt Ltd No.603, Rani Seethai Hall 5th Floor, Anna Salai, Chennai-600 006. .. Respondent/Appellant Prayer: Appeal presented to the High Court against the order of the Income Tax Appellate Tribunal Madras `C' Bench, Chennai, dated 5.2.2014, in ITA No.307/Mds/2013.

against the order of the Commissioner of Income Tax (Appeals), Chennai-600 037, dated 29/11/2012 made in ITA.No.856/201011/AIII, for the assessment year 2004-05, against the order of the Assistant Commissioner of Income Tax, Company-Circle 1(3), Chennai-34, dated 31/12/2010, made in GIR/PAN AABCC4551C for the assessment year 2004-05.

For Appellant : Mr.T.Ravikumar Mr.J.Narayanaswamy Mr.T.R.Senthil Kumar Mr.M.Swaminathan

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 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that liberty may be granted to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the circular.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made by the learned counsels appearing for the Appellant/Revenue, the present tax case appeal stands dismissed, as withdrawn.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clear that it would be open to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the Circular, within a period of twelve weeks from today.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. -s/dAssistant Registrar True Copy Sub-Assistant Registrar csh To 1.The Commissioner of Income Tax,(Appeals)III, 121, Mahatma Gandhi Road, Chennai-34 2.The Assistant Commissioner of Income Tax, Company Circle-1(3) Chennai-34 3.The Income Tax Appellate Tribunal Madras 'C"

Bench Chennai +1 cc to Mr.T.Ravikumar Advocate sr.4693 Tax Case Appeal No.554 of 2015 aa12/02/2016 https://hcservices.ecourts.gov.in/hcservices/