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Madras High CourtTCA/248/2011dismissed as withdrawal

The Commissioner Of Income Tax v. M/S Latha Steels Suppliers

2018-10-11Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

In the High Court of Judicature at Madras Dated : 11.10.2018 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.248 of 2011 The Commissioner of Income Tax, Puducherry ...Appellant Vs M/s.Latha Steels Suppliers Puducherry-1

...Respondent

APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 03.1.2011 in ITA No.150/Mds/2010 on the file of the Income Tax Appellate Tribunal Chennai 'B' Bench for the assessment year 2001-02 against the order passed by the Commissioner of Income Tax(Appeals)-XII Nungambakkam, Chennai 600 034 made in ITA.No.194/08-09 date of order 26.11.2009 for the assessment year 2001-02.

against the order passed by the Income Tax officer, ward I

(1) Puducherry made in PA.No.GI.No.AAAFL2477N/L-433/date of order 29.12.2008 for the assessment year 2001-02. For Appellant :

Mr.T.R.Senthilkumar & Ms.K.G.Usharani 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.

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.

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

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 In the light of the above, the appeal is dismissed as withdrawn and the substantial questions of law framed are left open.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 'B' Bench.

2. The Commissioner of Income Tax Puducherry.

3. The Commissioner of Income Tax (Appeals)-XII, Nungambakkam, Chennai 600 034.

4. The Income Tax Officer, Ward I (1) Puducherry.

5. The Section Officer, VR Section, High Court, Madras. + 1 cc to M/s. M.P.Senthilkumar, Advocate Sr.70869 TCA.No.248 of 2011 AK(CO) EU(16/11/2018) https://hcservices.ecourts.gov.in/hcservices/