Commissioner Of Income Tax v. P.Rajasekaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.1.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal No.415 of 2012 Commissioner of Income Tax Madurai .. Appellant

Versus

P.Rajasekaran M/s.P.R.Traders, No.10/1, Deputy Collector Colony, 1st Street, K.K.Nagar, Madurai PAN: ABZPR3772L .. Respondent Prayer: Appeal presented to the High Court against the order of the Income Tax Appellate Tribunal Madras `D' Bench, dated 14.6.2012, in I.T.A.No.2068/Mds/2011 against the order of the Commissioner of Income Tax (Appeals) Madurai, dated 29.9.2011 made in ITA No.0101/10-11 against the order of the Assistant Commissioner of Income Tax Department Circle II Madurai filed 16.12.2010 made in PAN.No.AB2PR3772L For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan For Respondent : Mr.C.V.Rajan

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that liberty may be granted to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the circular.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made by the learned counsels appearing for the Appellant/Revenue, the present tax case appeal stands dismissed, as withdrawn.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clear that it would be open to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the Circular, within a period of twelve weeks from today.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

To:

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

2. The Commissioner of Income Tax (Appeals) Madurai.

3. The Assistant Commissioner of Income Tax, Circle II, Madurai.

1 cc to M/s.M.Swaminathan, Advocate, sr.6392 (17.06.2016) MSM(CO) EU 09.02.16 Tax Case Appeal No.415 of 2012 https://hcservices.ecourts.gov.in/hcservices/