Commissioner Of Income Tax, v. V.Krishnamurthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.01.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN AND THE HONOURABLE MRS.JUSTICE S.VIMALA Tax Case Appeal No.908 of 2010 Commissioner of Income Tax, Chennai.

.. Appellant

Versus

V.Krishnamurthy .. Respondent Prayer: Appeal presented to the High Court against the order of the Income Tax Appellate Tribunal Madras 'B' Bench, dated 12.03.2010, in I.T.A.No.1013/Mds/2008 against the order of the Commissioner of Income Tax (Appeals) VI, Chennai dated 29/01/2008 and made in ITA.NO.91/06-07. against the assessment order of Deputy Commissioner of Income Tax, Media Circle I, Chennai dated 30/03/2006 for the year 200304. For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan For Respondent : Mr.S.Sridhar

JUDGMENT

(Judgment of the Court was made by M.JAICHANDREN, J) 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 https://hcservices.ecourts.gov.in/hcservices/

appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the circular.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made by the learned counsels appearing for the Appellant/Revenue, the present tax case appeal stands dismissed, as withdrawn.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clear that it would be open to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the Circular, within a period of twelve weeks from today.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

1.The Income Tax Appellate Tribunal Madras 'B' Bench.

2.The Assistant Registrar, ITAT, IVth Floor, Rajaji Bhavan, Besant Nagar, Chennai - 90.

3.The Commissioner of Income Tax, Chennai.

4.The Commissioner of Income Tax(Appeals)VI, Chennai.

5.The Deputy Commissioner of Income Tax, Media Circle I, Chennai.

+1 CC to MR.S.Sridhar Advocate. SR.NO.5959 +1 CC to MR.M.Swaminathan Advocate. SR.NO.5873 Tax Case Appeal No.908 of 2010 CO-KSJ JD 03/02/2016 https://hcservices.ecourts.gov.in/hcservices/