The Commissioner Of I.T v. Madanlal B.Chowatia

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 Nos.254 to 257 of 2009 The Commissioner of Income Tax, TamilNadu-III, Madras.

..Appellant/Respondent Vs Shri.Madanlal B.Chowatia ..Respondent/Appellant APPEALS under Section 260A of the Income Tax Act, 1961 against the common order dated 20.12.2007 in ITA Nos.163 to 166/Mds/2005 on the file of the Income Tax Appellate Tribunal Madras 'B' Bench respectively for the assessment years from 1998-99 to 2001-02 against the order dated 19.11.2004 made in ITA.Nos.275/2004-2005 respectively by the Commissioner of Income Tax (Appeals)-VI, Chennai-34, against the order dated 28.08.2002 for the assessment years 1993-99, 19989-00, 2000-01 and 2001-02 respectively to the assistant commissioner of Income tax, Company Circle-IV, (4), Chennai.

For Appellant :

Mr.Karthik Ranganathan For Respondent:

Mr.N.Muralikumar for M/s.McGan Law Firm COMMON JUDGMENT (Judgment was delivered by T.S.SIVAGNANAM,J) Heard the learned counsel for the appellant.

2. These appeals by the Revenue challenge the common order passed by the Income Tax Appellate Tribunal, which decided the issue in favour of the assessee.

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3. The Revenue seeks to withdraw the appeals 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 In the light of the above, the appeals are dismissed as withdrawn and the substantial question of law framed is left open. In the event, in each of the cases, 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 appeals to be heard and decided on merits. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To

1. The Income Tax Appellate Tribunal, Madras 'B' Bench, Chennai.

2. The Commissioner of Income Tax (Appals)-IV, Chennai.

3. The Assistant Commissioner of Income Tax, Company Circle IV (4), Chennai.

Copy to: The Section, VR Section, High Court, Madras. + 1 cc to M/s. Mc Gan, Law Firm, Advocate Sr.70028 TCA.Nos.254 to 257 of 2009 GJII(CO) EU(16/11/2018)qqww https://hcservices.ecourts.gov.in/hcservices/