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Madras High CourtTCA/787/2013dismissed as withdrawal

Commissioner Of Income Tax v. M/S R.K.Swamy Bbdo P Ltd

2018-10-22Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

In the High Court of Judicature at Madras Dated : 22.10.2018 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.787 of 2013 The Commissioner of Income Tax, Chennai-IV, Chennai-34 ...Appellant Vs M/s.R.K.Swamy BBDO Pvt. Ltd., Chennai-6.

...Respondent

APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 03.4.2013 in ITA No.1860/Mds/2011 on the file of the Income Tax Appellate Tribunal Chennai 'D' Bench for the assessment year 2008-09. and against the Order of the commissioner of Income Tax (Appeals)-IV, Chennai-34 dated 29/08/2011 made in ITA.No. 519/10-11, and against the Order of the Assistant Commissioner of Income Tax, Media Circle-II, Chennai, dated 22/12/2010 made in PA.No. GIR.No. AAGCS1347F Assessment Year 2008-09.

For Appellant :

Mr.M.Swaminathan For Respondent :

Mr.A.S.Sriraman 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.

https://hcservices.ecourts.gov.in/hcservices/

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 In the light of the above, the appeal is dismissed as withdrawn and the substantial questions of law framed are left open.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 Income Tax Appellate Tribunal, Chennai 'D' Bench.

2.The Commissioner of Income Tax, Chennai IV, Chennai -34.

3. The Assistant Commissioner of Income Tax, Media Circle - II, Chennai.

+1cc to Mr. S.Sridhar, Advocate, S.R.No. 72180 +1cc to Mr. M.Swaminathan, Advocate, S.R.No. 71668 TCA.No.787 of 2013 CA(CO) GN(19/11/2018) https://hcservices.ecourts.gov.in/hcservices/