Madras High CourtTCA/1010/2015dismissed as withdrawal

The Commissioner Of Income v. M/S. Tech Affinity Globl Pvt

2018-10-24Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

In the High Court of Judicature at Madras Dated : 24.10.2018 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.1010 of 2015 The Commissioner of Income Tax, Chennai ..Appellant/Appellant Vs M/s.Tech Affinity Globi Pvt. Ltd., Chennai-96.

..Respondent/Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 09.5.2014 in ITA No.423/Mds/2014 on the file of the Income Tax Appellate Tribunal Chennai 'A' Bench for the assessment year 2009-10 against the order of the Commissioner of Income Tax (Appeals)-III, 121 Mahatma Gandhi Road, Chennai, dated 4.10.2013, ITA.No.1434/2013-14, PAN AACCT4550G for the Assessment year 2009-10 against the order of the Income Tax Officer Company Ward - III (1) Room No.415 New Block 121, M.G.Roadm Chenni-34, dated 12.12.2011, GFK.No.PAN.AACCT45TG for the Assessment year 2009-10. 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 In the light of the above, the appeal is dismissed as withdrawn and the substantial question of law framed is left open.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(CO) //True Copy// Sub Assistant Registrar To

1. The Commissioner of Income Tax (Appeal)-III, 121, Mahatma Gandhi Road, Chennai.

2. The Income Tax Appellate Tribunal, Chennai 'A' Bench.

3. The Income Tax Officer, Campany Ward III (1) Rooms No.415 New Block 121, M.G.Road, Chennai-34. + 1 cc to Mr. M. Swaminathan, Advocate SR.72736 TCA.No.1010 of 2015 AD(CO) EU(23/11/2018) https://hcservices.ecourts.gov.in/hcservices/