The Commissioner Of Income v. M/S.Rishbchand Misrimalji,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-02-2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal No.1072 of 2010 The Commissioner of Income Tax, Business Ward XII(I), Chennai.

.. Appellant.

Versus

M/s.Rishbchand Misrimalji Bhansali (HUF), No.47, M.S.Koil Street, Royapuram, Chennai-13.

.. Respondent.

Prayer: Appeal presented to the High Court against the order of the Income Tax Appellate Tribunal `C' Bench, Chennai, dated 9.4.2010, in ITA No.2010/MDS/2008 against the order of Commissioner Income Tax dated 25.07.2008 made in appeal CITA IV/Che/114/07-08 against the assessment order dated 21.03.2006 of Income Tax Officer, Business ward XII(1), Chennai 6, in PAN No.AAIHR 5888K for the assessment year 2004-05. For Appellant : Mr.T.Ravikumar Mr.J.Narayanaswamy Mr.T.R.Senthil Kumar Mr.M.Swaminathan For Respondent : Mr.K.Ravi.

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that liberty may be granted to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions https://hcservices.ecourts.gov.in/hcservices/

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made by the learned counsels appearing for the Appellant/Revenue, the present tax case appeal stands dismissed, as withdrawn.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clear that it would be open to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the Circular, within a period of twelve weeks from today.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

1. The Income Tax Appellate Tribunal, C Bench, Chennai.

2. The Commissioner of Income Tax(A) IV, Chennai.

3. The Commissioner of Income Tax Officer, Business ward XII(I), Chennai6 Tax Case Appeal No.1072 of 2010 ala co kra 16.03.2016 https://hcservices.ecourts.gov.in/hcservices/