Commissioner Of Income Tax v. M/S Jayakrishna Flour Mills P

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.395 of 2011 Commissioner of Income Tax, Salem ...Appellant/Appellant Vs M/s.Jayakrishna Flour Mills (P) Ltd., 5A Rajaji Road, Salem-7

...Respondent/Respondent

APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 04.5.2011 in ITA No.2158/Mds/2010 on the file of the Income Tax Appellate Tribunal Chennai 'B' Bench for the assessment year 2007-08 and against the order of the Commissioner of Income Tax(Appeals) Salem, Order dated 28/10/2010 made in ITA No.62/09-10 and against the order of the Deputy Commissioner of Income Tax Company Circle, Salem, order dated 20/08/09 made in PAN/GIR No.IDCJ0005/AAACJ5436G Assessment Year 2007-2008.

For Appellant :

Mr.T.R.Senthilkumar & Ms.K.G.Usharani For Respondent :

Mr.Sandeep Bagmar for Mr.V.S.Jayakumar 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.

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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 In the light of the above, the appeal is dismissed as withdrawn and the substantial questions of law framed are left open.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 Registrar, The Income Tax Appellate Tribunal, Chennai 'B' Bench. 2.The Commissioner of Income Tax (Appeals) Salem.

3.The Deputy Commissioner of Income Tax Company Circle, Salem.

+1cc to Mr.V.S.Jayakumar, Advocate Sr.70864 TCA.No.395 of 2011 nrjk[co] srg 16/11/2018 https://hcservices.ecourts.gov.in/hcservices/