Madras High Court
Commissioner Of Income Tax vs M/S Dorcas Market Makers Limited on 21 January, 2016
Author: M.Jaichandren
Bench: M.Jaichandren, S.Vimala
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.1.2016
CORAM
THE HONOURABLE MR.JUSTICE M.JAICHANDREN
AND
THE HONOURABLE MRS.JUSTICE S.VIMALA
Tax Case Appeal No.694 of 2010
Commissioner of Income Tax,
Chennai. .. Appellant
Versus
M/s Dorcas Market Makers Limited,
Block J 8, 6th Avenue,
Anna Nagar,
Chennai 600 102. .. Respondent
Prayer: Appeal presented to the High Court under Section 260-A of the Income-tax Appellate Tribunal against the order of the Income Tax Appellate Tribunal Madras `A' Bench, dated 20.11.2009, in I.T.A.No.1356/Mds/2008.
For Appellant : Mr.T.Ravikumar
Mr.J.Narayanaswamy
Mr.T.R.Senthil Kumar Mr.M.Swaminathan
For Respondent : Mr.J.Sreevidhya
JUDGMENT
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that liberty may be granted to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the circular.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made by the learned counsels appearing for the Appellant/Revenue, the present tax case appeal stands dismissed, as withdrawn.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clear that it would be open to the Appellant/Revenue to revive the tax case appeal, if it is found that it had been withdrawn, inadvertently, even though it falls under the exceptions mentioned in paragraph 8 of the Circular, within a period of twelve weeks from today.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 21-1-2016
Internet:Yes/No
usk/adl
Note: Issue order copy on 28.1.2016.
To:
The Income Tax Appellate Tribunal
Madras `A' Bench.
M.JAICHANDREN,J.
AND
S.VIMALA,J.
usk
Tax Case Appeal No.694 of 2010
21.1.2016
http://www.judis.nic.in