Commisisoner Of Income Tax v. M/S Yesvee Spinning Mills P

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.258 of 2012 Commissioner of Income Tax Salem ... Appellant

Versus

M/s Yesvee Spinning Mills (P) Ltd., Trichy Main Road, Gajjalnaickenpatty, Salem - 636 201 ... Respondent Prayer: Appeal presented to the High Court against the order of the Income Tax Appellate Tribunal Madras 'A' Bench, dated 13.03.2012, in I.T.A.No.1108/Mds/2010 against the Order of the Commissioner of Income Tax(Appeals), Salem 363 007 dated 30.04.2010 in ITA No.102/09-10 in the Assessment Year 2007 - 08. Against the Order of the Assistant Commissioner of Income Tax Circle III, Salem 7 dated 30.09.2009 in the Assessment Year 2007 - 2008 in PAN/GIR No.AAACY04836.

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/-.

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that liberty may be granted to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the circular.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made by the learned counsels appearing for the Appellant/Revenue, the present tax case appeal stands dismissed, as withdrawn.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clear that it would be open to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the Circular, within a period of twelve weeks from today.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

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

2.The Commissioner of Income Tax(Appeal), Salem 636 007.

3.The Assistant Commissioner of Income Tax Circle III, Salem 7.

+1cc to Mr.J.Narayanaswamy, Advocate, S.R.No.5845 +1cc to Mr.S.Sridhar, Advocate, S.R.No.5963 Tax Case Appeal No.258 of 2012 MG(CO) CA(04/02/2016) https://hcservices.ecourts.gov.in/hcservices/