The Commissioner Of Income Tax v. M/S.Ambika Appalam Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.1.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal No.923 of 2015 Commissioner of Income Tax Chennai ... Appellant

Versus

M/s.Ambika Appalam Pvt. Ltd., 112, Pycrofts Road, Royapettah, Chennai 600 014.

PAN: AAECA9038K ... Respondent Prayer: Appeal presented to the High Court against the order of the Income Tax Appellate Tribunal Madras `C' Bench, Chennai dated 10.4.2015, in I.T.A.No.859/Mds/2014 against the Order of the Commissioner of Income Tax, Appeals(Central) -I, Chennai 34, dated31.12.2013 made in I.T.A.No.219/2013-14 against the penalty order of the Deputy Commissioner of Income Tax, Company Circle 1 (1), Chennai dated 30.06.2010 and made in PAN:AAECA9038K/07-08 against the Assessment order of the Deputy Commissioner of Income Tax, Company Circle 1(1), Chennai, dated 29.12.2009 and made in PA/GIR.No.AAECA9038K for the Assessment year 2007 - 2008. For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan For Respondent : Mr.T.N.Seetharaman

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that liberty may be granted to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the circular.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made by the learned counsels appearing for the Appellant/Revenue, the present tax case appeal stands dismissed, as withdrawn.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clear that it would be open to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the Circular, within a period of twelve weeks from today.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

To:

1.The Registrar Income Tax Appellate Tribunal Madras 'C' Bench, Chennai.

2.The Commissioner of Income Ta, Appeals(Central) - I, Chennai 34.

3.The Deputy Commissioner of Income Tax, Company Circle 1(1), Chennai 34.

+1cc to Mr.T.N.Seetharaman, Advocate, S.R.No.4340 +1cc to Mr.T.Ravikumar, Advocate, S.R.No.4102 Tax Case Appeal No.923 of 2015 SV(CO) CA(04/02/2016) https://hcservices.ecourts.gov.in/hcservices/