Commissionr Of Income Tax v. Apcom Exports Pvt Ltd

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

Versus

Apcom Exports Pvt.Ltd., NO.11, Second Cross Street, Karpagam Gardens, Adyar, Chennai - 600 020.

.. 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 `D' Bench, dated 25.7.2014 in I.T.A.No.1310/Mds/2013 against the order of the Commissioner of Income Tax (A)-VI, Chennai dated 28.12.2012 made in ITA.No.90/12-13 and against the order of Deputy Commissioner of Income Tax Company Circle IV(1), Chennai 6 dated 5.3.1999 made in PAN No.360-A/AAACA3228P for the Assessment year 1996-97. For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan 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/-.

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that liberty may be granted to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the circular.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made by the learned counsels appearing for the Appellant/Revenue, the present tax case appeal stands dismissed, as withdrawn.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clear that it would be open to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the Circular, within a period of twelve weeks from today.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

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

2. The Commissioner of Income Tax, Chennai.

3. The Commissioner of Income Tax (Appeals) VI, Chennai.

4. The Deputy Commissioner of Income Tax, Company Circle IV(1), Chennai 6.

+ 1 cc to Mr.T.Ravikumar, Advocate SR 4133 ca(co) prk15/2 Tax Case Appeal No.577 of 2015 https://hcservices.ecourts.gov.in/hcservices/