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Madras High CourtTCA/609/2009withdrawn dismissed

Commissioner Of Income Tax I v. M/S India Cements Capital

2018-10-08Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

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.609 of 2009 Commissioner of Income Tax-I, Chennai ...Appellant Vs M/s.India Cements Capital & Finance Ltd., Chennai-34.

...Respondent

APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 03.12.2008 in ITA No.1880/Mds/2005 on the file of the Income Tax Appellate Tribunal Chennai 'A' Bench for the assessment year 1992-93. Appeal filed against the order of Commissioner of Income Tax in ITA.No.144/2002-03 dated 16.6.05 against the order of Commissioner of Income Tax (A) in ITA.No.147/2002-03 dated 10.6.2005 against the Assessment order for the year 1996-97.

For Appellant :Mr.Karthik Ranganathan For Respondent:Mr.R.Venkata Narayanan for M/s.Subbaroya Aiyer Padmanabhan 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 https://hcservices.ecourts.gov.in/hcservices/

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 In the light of the above, the appeal is dismissed as withdrawn and the substantial question of law framed is left open.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. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To

1. The Income Tax Appellate Tribunal, Chennai 'A' Bench.

2. The Assistant Commissioner of Income Tax, Central Range I(4), Chennai 34.

3. The Commissioner of Income Tax(Appeals)-I, Chennai.

+1cc to M/s.Subbaroya Aiyer Padmanabhan, Advocate SR.NO.69499 KS(CO) sm:30.10.2018 TCA.No.609 of 2009 https://hcservices.ecourts.gov.in/hcservices/