Commissioner Of Income Tax v. Madhava Das Fomra

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 Nos.322 and 323 of 2010 Commissioner of Income Tax Chennai .. Appellant in both the Appeals

Versus

Madhava Das Fomra (HUF), New No.261, Old No.126, Mint Street, Chennai-79.

.. Respondent in both the Appeals Prayer: Appeals presented to the High Court against the order of the Income Tax Appellate Tribunal Madras `B' Bench, dated 1.5.2009 in I.T.A.Nos.1105/Mds/2008 and 1106/Mds/2008 respectively.

For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan For Respondents : Mr.T.N.Seetharaman COMMON 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 appeals, 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that liberty may be granted to the Appellant/Revenue to revive the tax case appeals, if it is found that they had been withdrawn, inadvertently, even though they fall under the exceptions mentioned in paragraph 8 of the circular.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made by the learned counsels appearing for the Appellant/Revenue, the present tax case appeals stand dismissed, as withdrawn.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 appeals, 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clear that it would be open to the Appellant/Revenue to revive the tax case appeals, if it is found that they had been withdrawn, inadvertently, even though they fall under the exceptions mentioned in paragraph 8 of the Circular, within a period of twelve weeks from today. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar ssk.

To:

The Income Tax Appellate Tribunal Madras `B' Bench.

+ 1 cc to Mr.J.Narayanaswamy, Advocate Sr 6343 (13/6/16) T C A Nos. 322 & 323 of 2010 mp(co) aa17/02/2016 https://hcservices.ecourts.gov.in/hcservices/