The Commissioner Of Income v. Shri R.Bhaaragthwaj

2024:MHC:3669 TC.(A)No.438 of 2011

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.10.2024 CORAM :

THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE G. ARUL MURUGAN TC(A).No.438 of 2011 Commissioner of Income Tax -II Madurai .. Appellant vs Shri.R.Bhaaragthwaj 39, Harvey Nagar II Street, Arasaradi, Madurai - 625 016.

.. Respondent PRAYER: APPEAL filed under Section 260A of the Income Tax Act, 1961 against order dated 07.04.2011 passed in I.T.A.No.166/Mds/2011 for the Assessment Year 2007-08 on the file of the Income Tax Appellate Tribunal, Madras 'A' Bench, Chennai.

For Appellant : Mr.J.Narayanasamy Senior Standing Counsel For Respondent : Mr.R.Sivaraman DR. ANITA SUMANTH,J.

https://www.mhc.tn.gov.in/judis

TC.(A)No.438 of 2011 and G. ARUL MURUGAN.,J

JUDGMENT

(Judgment of the court was delivered by Dr.ANITA SUMANTH.,J) The challenge in this appeal is to an order dated 07.04.2011 passed in I.T.A.No.166/Mds/2011 for the Assessment Year 2007-08.

2. Mr.J.Narayanasamy, learned Senior Standing Counsel appearing for the Income Tax Department draws attention to an order passed on 10.01.2011 for Assessment Year 2007-08 under Section 263 of the Income Tax Act, 1971 where penalty has been quantified at a sum of Rs.1,78,20,561/-. However, on account of low tax effect per Circular bearing No.9 of 2024 dated 17.09.2024, he does not wish to pursue this appeal and seeks withdrawal of the same.

3. Hence, keeping the questions of law alive for determination in an appropriate case, this appeal is dismissed as withdrawn. No costs. [A.S.M., J] [G.A.M., J] 28.10.2024 Index:Yes/No Speaking order sl TC.No.438 of 2011 https://www.mhc.tn.gov.in/judis