The Commissioner Of v. Late Shri B.Manivannan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.10.2018

CORAM

THE HON'BLE Mr. JUSTICE T.S.SIVAGNANAM and THE HON'BLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN T.C.(A)No.1777 of 2008 Commissioner of Income Tax, Central II, Chennai - 600 034.

.. Appellant Vs Late Shri B.Manivannan represented by Legal Heir Smt.M.Shanthi, BRN Apartments, No.18, Rajarathinam Street, Kilpauk, Chennai - 600 010.

.. Respondent Prayer: Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Chennai 'B' Bench, dated 16.05.2008 in I.T.(SS)No.78/Mds/2007 for the assessment year - Block period 1.4.1990 to 20.07.2000. For Appellant : Mr.T.R.Senthilkumar For Respondent : Mr.M.P.Senthilkumar

JUDGMENT

[Judgment was delivered by T.S.SIVAGNANAM, J.] Heard the learned counsel for the appellant.

2.This appeal by the Revenue challenges the order passed by the Income Tax Appellate Tribunal, which decided the issue in favour of the assessee.

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T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J Sgl 3.The Revenue seeks to withdraw the appeal on account of low tax effect in terms of Circular No.3 of 2018 dated 11.7.2018 issued by the Central Board of Direct Taxes.

4. In the light of the above, the appeal is dismissed as withdrawn and the substantial question of law framed is left open. In the event the tax effect is above the threshold limit fixed in the said circular, liberty is granted to the Revenue to make a mention to this Court to restore the appeal to be heard and decided on merits. [T.S.S., J.] [V.B.S., J.] 09.10.2018 Speaking/Non Speaking Judgment Index : Yes/No Internet : Yes/No Sgl To 1.The Income Tax Appellate Tribunal, Chennai 'B' Bench.

2.Commissioner of Income Tax, Central II, Chennai - 600 034.

T.C.(A)No.1777 of 2008 http://www.judis.nic.in