Madras High CourtTCA/752/2009withdrawn dismissed

The Commissioner Of Income Tax v. M/S Gem Enterprises Cission

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.752 of 2009 The Commissioner of Income Tax, Chennai ...Appellant Vs M/s.GEM Enterprises, Chennai-8.

...Respondent

APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 12.12.2008 in ITA No.456/Mds/2008 on the file of the Income Tax Appellate Tribunal Chennai 'D' Bench for the assessment year 2004-05, against the order of the Commissioner of Income Tax (Appeals)-IX, Chennai, made in ITA 462/06-07 dated 31/12/2007 and against the order of the Income Tax Officer, Business ward VI (2), Chennai-34 dated 29/12/2006 made in G1/PA No.AAAFG0520B for the Assessment Year 2004-05. For Appellant : Mr.Karthik Ranganathan For Respondent : Mr.M.P.Senthilkumar 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.

https://hcservices.ecourts.gov.in/hcservices/

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 In the light of the above, the appeal is dismissed as withdrawn and the substantial questions of law framed are left open.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 IX) //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Chennai 'D' Bench. 2.The Commissioner of Income Tax, Chennai.

3.The Commissioner of Income Tax (Appeals)(IX), Chennai. 4.The Income Tax Officer, Business Ward VI (2), Chennai. +1cc to Mr.Philip George, Advocate Sr.69284 TCA.No.752 of 2009 ca[co] srg 30/10/2018 https://hcservices.ecourts.gov.in/hcservices/