Commission Of Income Tax v. M/S. Theekathir Press Of
In the High Court of Judicature at Madras Dated : 02.1.2019 Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mr.Justice N.SATHISH KUMAR Tax Case Appeal No.8 of 2016 The Commissioner of Income Tax, Madurai ...Appellant Vs M/s.Theekathir Press of CPI(M), Madurai-18.
...Respondent
APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 29.5.2015 in ITA No.2727/Mds/2014 on the file of the Income Tax Appellate Tribunal Madras 'C' Bench for the assessment year 2010-11 against the order dated 28.08.2014 in CIT(A) in I.T.A. 0064/2013-2014 in P.A. No. AAAAT3906B on the file of the Office of the Commissioner of Income Tax (Appeals)I Madurai against the order dated 28.03.2013 in PAN/GIR. No. AAAAT3906B on the file of the Office of the Income Tax officer, Ward II(4) Range II, Madurai for the assessment year 2010-2011. For Appellant :Ms.V.Pushpa and Ms.S.Premalatha, JSC For Respondent:Mr.Uttam Cheriyan Judgment was delivered by T.S.SIVAGNANAM,J Heard the learned Standing 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. The appeal was admitted on 19.1.2016 on the following substantial question of law :
"Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the provisions of Section 40(a)(ia) of the Income Tax Act are applicable only to the amounts of expenditure, which are payable as on 31st https://hcservices.ecourts.gov.in/hcservices/
March of the relevant previous year and it cannot be invoked to disallow expenditure, which had been actually paid during the previous year, without deduction of tax at source ?"
3. The Revenue seeks to withdraw this 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 In the light of the above, the appeal is dismissed as withdrawn and the substantial question of law framed is left open.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 under exceptional clauses mentioned in the 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.
-s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To
1. The Income Tax Appellate Tribunal, Madras 'C' Bench.
2. The Commissioner of Income Tax(Appeals I) Madurai.
3. The Income Tax officer Ward I(4) Range II, Madurai.
+1 CC to Mr.M. Swaminathan, Advocate sr 57.
TCA.No.8 of 2016 SPD(CO) SP(28/01/2019) https://hcservices.ecourts.gov.in/hcservices/