Madras High CourtTCA/400/2012dismissed for not pressed

Commissioner Of Income Tax v. M/S Maverick Systems Ltd

2016-01-21Honourable Dr. Justice S. Vimala,Honourable Mr Justice M. Jaichandren2 pages

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.400 of 2012 Commissioner of Income Tax Chennai .. Appellant

Versus

M/s.Maverick Systems Limited, 'Fagun Mansion' V Floor, 74, Ethiraj Salai, Egmore, Chennai - 600 105.

.. Respondent Prayer: Appeal presented to the High Court against the order of the Income Tax Appellate Tribunal Madras `A' Bench, dated 31.5.2012, in I.T.A.No.150/Mds/2011 for the assessment year 2006-2007 and against the Commissioner of Income Tax (Appeals) V Chennai 34 dated 26.10.2010 in PAN/GIR.No.AACCM2335D and against the Assistant Commissioner of Income Tax Company circle IV(1) Chennai dated 30.12.2008 in PAN/GIR.No.AACCM2335D/MA.409. 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/-.

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that liberty may be granted to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, https://hcservices.ecourts.gov.in/hcservices/

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made by the learned counsels appearing for the Appellant/Revenue, the present tax case appeal stands dismissed, as withdrawn.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clear that it would be open to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the Circular, within a period of twelve weeks from today.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

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

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

3. The Assistant Commissioner of Income Tax, Company Cirlce IV(1), Chennai + 1 cc to Mr.T.R.Senthil Kumar, Advocate SR 3930 kk(co) prk3/2 Tax Case Appeal No.400 of 2012 https://hcservices.ecourts.gov.in/hcservices/