Commissioner Of Income Tax v. M/S Sm Apparels `

In the High Court of Judicature at Madras Dated : 08.10.2018 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.14 of 2009 Commissioner of Income Tax, Chennai-III ...Appellant/Respondent Vs M/s.S.M.Apparels (P) Ltd., Chennai-42.

...Respondent/ Appellant

APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 04.7.2008 in ITA No.17/Mds/2008 on the file of the Income Tax Appellate Tribunal Chennai 'C' Bench for the assessment year 2003-04 against the order dated:28/09/2007 in ITA No.60/2006-07 passed by Commissioner of Income Tax (Appeals)-V Chennai for the Assessment year 2003-04 against the order dated 17/0./2006 in GIR No.PAN.S-23/AAFC S2097B passed by Assistant Commissioner of Income Tax Company Circle VI(1) Chennai-34 for the Assessment year 2003-04.

For Appellant :

Mr.T.R.Senthilkumar For Respondent :

No appearance 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.

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 In the light of the above, the appeal is dismissed as withdrawn and the substantial question of law framed is left https://hcservices.ecourts.gov.in/hcservices/

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.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Chennai 'C' Bench. 2.The Commissioner of Income Tax (Appeals)-V Chennai.

3.Assistant Commissioner of Income Tax, Company circle VI (1) Chennai-34.

+1cc to Mr.T.R.Senthilkumar, Advocate, S.R.No.69523 TCA.No.14 of 2009 VBA(CO) GSP(30/10/2018) https://hcservices.ecourts.gov.in/hcservices/