The Commissioner Of Income v. M/S Sahuwala Flour Mills

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.408 of 2011 Commissioner of Income Tax-VII, Chennai ...Appellant/Respondent Vs M/s.Sahuwala Flour Mills, Chennai-81

...Respondent/Appellant

APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 15.3.2011 in ITA No.1837/Mds/2010 on the file of the Income Tax Appellate Tribunal Chennai 'C' Bench for the assessment year 2007-08. against the Order of the Commissioner of Income Tax (Appeals)- IX, Chennai-34, made in ITA.No. 117/09-10 dated 06/07/2010 and against the Order of the Additional Commissioner of Income Tax Business Range VII, Chennai-34, made in PAN.No.AABF58827 N dated 29/12/2009 for the Assessment year 2007-2008.

For Appellant :

Mr.M.Swaminathan & Mrs.V.Pushpa For Respondent:

Mr.R.Sivaraman 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.

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 In the light of the above, the appeal is dismissed as withdrawn and the substantial questions of law framed are left open.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

2. The commissioner of Income Tax, VII, Chennai.

3. The Commissioner of Income Tax, Appeals IX, Chennai-34.

4. The Additional Commissioner of Income Tax, Business Range VII, Chennai-34.

+1cc to Mr. R.Sivaraman, Advocate, S.R.No. 71264 +1cc to Mr. M.Swaminathan, Advocate, S.R.No. 70616 TCA.No.408 of 2011 CA(CO) GN(02/11/2018) https://hcservices.ecourts.gov.in/hcservices/