Commissioner Of Income Tax-Iii v. M/S Scientific Atlanta India

In the High Court of Judicature at Madras Dated : 12.10.2018 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal Nos.1169 & 1170 of 2010 & MP.No.1 of 2010 The Commissioner of Income Tax -III, Chennai ...Appellant Vs M/s.Scientific Atlanta India Technology Pvt. Ltd., Chennai-96. ...Respondent APPEALS under Section 260A of the Income Tax Act, 1961 against the common order dated 05.2.2010 in ITA Nos.352/Mds/2008 and 229/Mds/2007 on the file of the Income Tax Appellate Tribunal Madras 'C' Bench respectively for the assessment years 2004-05 and 2003-04. For Appellant : Mr.T.R.Senthilkumar For Respondent : Mr.N.Muthukumar 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. (2) T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J RS

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 In the light of the above, the appeals are dismissed as withdrawn and the substantial question of law framed is left open.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. Consequently, the connected MP is also dismissed.

(T.S.S.J.) (V.B.S.J.) 12.10.2018 Speaking (or) Non Speaking Order Index : Yes (or) No Internet : Yes (or) No To The Income Tax Appellate Tribunal, Madras 'C' Bench. TCA.Nos.1169 & 1170/2010 and MP.No.1 of 2010