Commissioner Of Income Tax v. M/S Tamilnadu Medical Plant

In the High Court of Judicature at Madras Dated : 10.10.2018 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.823 of 2016 The Commissioner of Income Tax, Company Circle-III, Chennai ...Appellant/Respondent Vs M/s.Tamilnadu Medical Plant & Herbal Medicine Corporation ltd., Anna Hospital Campus, Arumbakkam, Chennai-106

...Respondent/Appellant

Prayer:

APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 18.3.2016 in ITA No.1487/Mds/2015 on the file of the Income Tax Appellate Tribunal Chennai 'C' Bench for the assessment year 2011-12 against the order of the Commissioner of Income Tax (Appeals)-II, Chennai-34, dated 16.3.2015, made in Old ITA No.2035/13-14 and new ITA No.717/CIT (A)-11/2013-14, preferred against the order of the Assistant Commissioner of Income Tax, Company Circle III(1), Chennai, dated 27/11/13, made in AAACT2311G.

For Appellant :

Mr.M.Swaminathan & Mrs.V.Pushpa For Respondent :

Mr.M.P.Senthilkumar 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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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 In the light of the above, the appeal is dismissed as withdrawn and the substantial questions of law framed are left open.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 'C' Bench.

2.The Commissioner of Income Tax, (Appeals)-II, Nungambakkam, Chennai-34.

3.The Assistant Commissioner of Income Tax, Company Circle III(1), CHENNAI.

+1cc to M/S.M.Swaminathan, Advocate sr.69886 +1cc to Mr.G.Baskar, Advocate sr.70390 TCA.No.823 of 2016 ssv[co] srg 16/11/2018 https://hcservices.ecourts.gov.in/hcservices/