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Madras High CourtTCA/574/2013dismissed as withdrawal

Commissioner Of Income Tax v. M/S Indian Education Trust

2018-10-26Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

In the High Court of Judicature at Madras Dated : 26.10.2018 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.574 of 2013 The Commissioner of Income Tax, Chennai ...Appellant Vs M/s.Indian Education Trust, C/O M/s.Subbaraya Aiyer Padmanabhan & Ramani, Advocates, Chennai-4

...Respondent

APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 12.3.2013 in ITA No.2150/Mds/2011 on the file of the Income Tax Appellate Tribunal Chennai 'A' Bench for the assessment year 2007-08, as against the order dated 18/10/2010 in ITA No.55/2009-10 on the file of the Commissioner of Income Tax (Appeals)-XII 121, Mahatma Gandhi Road, Nungambakkam Chennai-600 034 against the order dated 12/11/2009 in PAN/GIR No.AAAT10345N/4667-I on the file of Deputy Director of Income Tax (Exemption)IV Chennai 600 034.

For Appellant :

Mr.Karthik Ranganathan For Respondent:

Mr.R.Venkatanarayanan for M/s.Subbaraya Aiyer Padmanabhan 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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RS

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 In the light of the above, the appeal is dismissed as withdrawn and the substantial question of law framed is left open.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(CS IX) //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Chennai 'A' Bench.

2.The Deputy Director of Income Tax (Exemption)IV, Chennai-600 034.

3.The Commissioner of Income Tax (Appeal)-XII, 121, Mahatma Gandhi, Road, Nungambakkam, Chennai 600 034.

TCA.No.574 of 2013 spp[co] srg 16/11/2018 https://hcservices.ecourts.gov.in/hcservices/