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Madras High CourtTCA/246/2014dismissed as withdrawal

Commissioner Of Income v. M/S Emcorp Finance 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.246 of 2014 The Commissioner of Income Tax, Central-I, Chennai-34 ...Appellant Vs M/s.Emcorp Finance Ltd., Chennai-34.

...Respondent

APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 18.11.2013 in IT(SS)A No.9/Mds/2013 on the file of the Income Tax Appellate Tribunal Chennai 'B' Bench for the block period from 1990-91 to 2000-01 and from 01.4.2000 to 24.1.2001, against the order dated 23/01/2013 made in ITA No.126/03-04 passed by the Commissioner of Income Tax Appeals -I, Chennai 600 034 and against the order dated 30/06/2003 passed by the Deputy Commissioner of Income Tax, Central Circle I(3) Chennai-34 for the Block period 1-4-90 to 25-1-2001. For Appellant :

Mr.T.R.Senthilkumar For Respondent :

Mr.P.J.Rishikesh 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 In the light of the above, the appeal is dismissed as withdrawn and the substantial questions of law framed/raised are left open.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 'B' Bench, Chennai.

2.The Commissioner of Income Tax Appeals-I, Chennai.

3.The Deputy Commissioner of Income Tax, Central Circle I(3), Chennai-34.

+1cc to M/S.T.R.Senthilkumar, Advocate Sr.72171 +1cc to M/S.P.J.Rishikesh, Advocate Sr.71817 TCA.No.246 of 2014 sai[co] srg 16/11/2018 https://hcservices.ecourts.gov.in/hcservices/