Commissioner Of Incom Tax v. M/S Srs Import And Export

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.50 of 2013 Commissioner of Income Tax Madurai .. Appellant/Respondent

Versus

M/s.SRS Import & Export, 7, 1st Floor, South Raja Street, Tuticorin 628 001.(PAN AAFFS6233C) .. Respondent/Appellant Prayer: Appeal presented to the High Court against the order of the Income Tax Appellate Tribunal Madras `A' Bench, dated 13.7.2012, in I.T.A.No.956/Mds/2012 against the order of the Income tax Department Viz.The Commissioner of Income Tax I, Madurai in C.No.401/02/CIT-I/2011-12 dated 01.02.2012 against the Assessment order by the deputy Commissioner of Income Tax circle I, Tuticorin in PAN/GIR No.AAFFS6233C, dated 30.12.2009. For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan For Respondent : Mr.N.Devanathan

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/-.

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that liberty may be granted to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the circular.

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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made by the learned counsels appearing for the Appellant/Revenue, the present tax case appeal stands dismissed, as withdrawn.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clear that it would be open to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the Circular, within a period of twelve weeks from today.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 Assistant Registrar, The Income Tax Appellate Tribunal Madras `A' Bench, Rajaji Bhavan, Chennai.

2. The Commissioner of Income Tax I, Madurai.

3. The Deputy Commissioner of Income Tax, Circle I, Tuticorin.

4. The Commissioner of Income Tax, Madurai.

+ 1 cc to Mr.M.Swaminathan, Advocate Sr 6378 (13/6/16) Tax Case Appeal No.50 of 2013 tej co kra 17.02.2016 https://hcservices.ecourts.gov.in/hcservices/