Madras High Court
Commissioner Of Income Tax vs M/S.Jtk Charitable Trust on 29 January, 2016
Author: M.Jaichandren
Bench: M.Jaichandren, S.Vimala
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.512 of 2010 Commissioner of Income Tax, Madurai .. Appellant Versus M/s.JTK Charitable Trust, 17/19, MMA Buildings, Main Bazaar, Eral, Tuticorin District. PAN No.AABTJ1060A .. Respondent Prayer: Appeal presented to the High Court against the order of the Income Tax Appellate Tribunal Madras `B' Bench, dated 30.10.2009, in I.T.A.No.1353/Mds/2009. For Appellant : Mr.T.Ravikumar Mr.T.R.Senthil Kumar Mr.J.Narayanaswamy Mr.M.Swaminathan For Respondent : Mr.Ma.P.Thangavel 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that liberty may be granted to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the circular.
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made by the learned counsels appearing for the Appellant/Revenue, the present tax case appeal stands dismissed, as withdrawn.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clear that it would be open to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the Circular, within a period of twelve weeks from today.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.
(M.J.J.,) (S.V.J.,)
Index:Yes/No 29-1-2016
Internet:Yes/No
ssk.
Note: Issue order copy on 3.2.2016.
To:
The Income Tax Appellate Tribunal
Madras `B' Bench.
M.JAICHANDREN,J.
AND
S.VIMALA,J.
ssk.
Tax Case Appeal No.512 of 2010
29.1.2016