2016 (1) TMI 1451 - HC - Income Tax

Maintainability of appeal on low tax effect - Revenue had submitted that they may be permitted to withdraw the present tax case appeal in view of the Circular No.21 of 2015 as the tax effect relating to the matter is less than Rs. 20, 00, 000/- - HELD THAT - Present tax case appeal stands dismissed as withdrawn.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made clear that it would be open to the Appellant/Revenue to revive the tax case appeal if it is found that it had been withdrawn inadvertently.

Summary

The High Court of Madras dismissed the tax case appeal as withdrawn by the Appellant/Revenue due to the tax effect being less than Rs. 20,00,000. The Appellant/Revenue has the liberty to revive the appeal within twelve weeks if it was withdrawn inadvertently. The questions of law in the appeal are left open for consideration in appropriate cases. No costs were awarded.