Commissioner Of Income Tax I v. Padma Prabha Hospital

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.610 OF 2009 Commissioner of Income Tax-I, Madurai ...Appellant Vs Padma Prabha Hospital, Kovilpatti

...Respondent

APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 14.8.2008 in ITA No.1399/Mds/2005 on the file of the Income Tax Appellate Tribunal Chennai 'D' Bench for the assessment year 2001-02. and appeal against the order of the Commissioner of Income Tax (A)-I Madurai in ITA.No.75/2004-05 dated 04.03.2005 and appeal against the Assessment order of the Assessment Year 2001-2002 of the Assistant Commissioner of Income Tax, Circle I, Tuticorin, dated 31.03.2004 in PAN/GIR.No.P.323/CIR I/TIN.

For Appellant :

Mr.M.Swaminathan 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 In the light of the above, the appeal is dismissed as withdrawn and the substantial question of law framed is left open. In the event the tax effect is above the threshold limit https://hcservices.ecourts.gov.in/hcservices/

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 IX) //True Copy// Sub Assistant Registrar RS To 1.

The Income Tax Appellate Tribunal, Chennai 'D' Bench.

2.

The Commissioner of Income Tax Appeal-I, Madurai.

3.

The Assistant Commissioner of Income Tax, Circle - I, Tuticorin.

+1cc to Mr.M.Swaminathan, Advocate, S.R.No.69038 TCA.No.610 of 2009 KJI(Co) CS/16/11/2018 https://hcservices.ecourts.gov.in/hcservices/