The Commissioner Of Income Tax v. Mr.C.Chinnusamy (Indl)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2018 CORAM :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN TAX CASE APPEAL NO.551 OF 2010 The Commissioner of Income Tax, Salem ...Appellant/Appellant Vs Mr.C.Chinnusamy (Indl.)

...Respondent/Respondent

APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 10.8.2007 in IT(SS)A No.130/Mds/2004 on the file of the Income Tax Appellate Tribunal Chennai 'D' Bench for the block assessment year from 01.4.1989 to 19.1.2000. against the order of the Commissioner of Income Tax (Appeals) Salem, order dated 14.08.2004 and made in ITA.No.5/02-03 for the assessment year 01.04.1989 to 19.01.2000 and against the order of the Deputy Commissioner of Income Tax Company Circle-1, Salem order dated 31.01.2002 and made in PAN/GIR.No.-1DPC0022 for the assessment year Block assessment.

For Appellant :

Mr.T.R.Senthilkumar 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 In the light of the above, the appeal is dismissed as withdrawn and the substantial question/questions of law framed https://hcservices.ecourts.gov.in/hcservices/

is/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.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar RS To 1.

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

2.

The Commissioner of Income Tax(Appeals), Salem.

3.

The Deputy Commissioner of Income Tax, Company Circle-1, Salem-7 4.

The Commissioner of Income Tax, Salem.

5.

The Assistant Registrar, Income Tax Appellate Tribunal, IIIrd Floor, Besant Nagar, Rajaji Bhavan, Chennai.

+1cc to Mr.T.R.Senthilkumar, Advocate, S.R.No.72174 TCA.No.551 of 2010 RV(CO) CS/04/12/2018 https://hcservices.ecourts.gov.in/hcservices/