Madras High CourtTCA/943/2009withdrawn dismissed

The Commissioner Of v. Shri Mohanlal Bisani

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.943 of 2009 The Commissioner of Income Tax Tamilnadu-VIII, Chennai .. Appellant/Appellant

Versus

Shri Mohanlal Bisani 36, Godown Street, Chennai - 600 001 Pan No.AACPB0743K .. Respondent/Respondent Prayer: Appeal presented to the High Court against the order of the Income Tax Appellate Tribunal Madras 'B' Bench, dated 09.04.2009, in I.T.A.No.1431/Mds/2008 against the order of Commissioner of Income Tax, (Appeals)IV, Chennai order dated 27.03.2008 in ITA No.53/06-07. Against the Income Tax Officer, Assessment order for 2003-04 order dated 31.03.2006, in GIR No.AACPBO743K.

For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan For Respondent : No appearance

JUDGMENT

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appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the circular.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made by the learned counsels appearing for the Appellant/Revenue, the present tax case appeal stands dismissed, as withdrawn.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clear that it would be open to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the Circular, within a period of twelve weeks from today.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

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

2. The Commissioner of Income Tax, (Appeals)-IV, Chennai 34.

3. The Income Tax Officer, Business Ward VIII(4), Chennai 6 +1 cc to Mr.M.Swaminathan, Advocate, sr.5870 +1 cc to Mr.T.Ravikumar, Advocate, sr.5923 Tax Case Appeal No.943 of 2009 ctk co kra 04.02.2016 https://hcservices.ecourts.gov.in/hcservices/