The Commissioner Of Income Tax v. M/S Gemini Communication Ltd

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.45 of 2014 The Commissioner of Income Tax Chennai ...Appellant/Appellant Vs M/s.Gemini Communication Ltd., Chennai-18

...Respondent/Respondent

Prayer:APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 28.8.2013 in ITA No.2196/Mds/2012 on the file of the Income Tax Appellate Tribunal Chennai 'C' Bench for the assessment year 2009-10 against the order of the Commissioner of Income Tax (Appeals) III, Chennai dt.23.8.2012, made in ITA.708/11-12/A III against the order dt.30.12.2011 in AAACG25611, passed by the Assistant Commissioner of Income Tax, Company Circle II(2), Chennai.

For Appellant :

Mr.T.Ravikumar & Mrs.R.Hemalatha For Respondent :

Mr.Adeesh Anto 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.

4. In the light of the above, the appeal is dismissed as withdrawn and the substantial questions of law framed are left https://hcservices.ecourts.gov.in/hcservices/

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 V) //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Chennai 'C' Bench, Chennai 2.The Commissioner of Income Tax(Appeals) III, Chennai 3.The Assistant Commissioner of Income Tax, Company Circle II(2), Chennai +1cc to Mr.Adeesh Anto, Advocate SR.NO.73999 SSV(CO) sm:20.11.2018 TCA.No.45 of 2014 `(CO) SM(27/11/2017)(CO) SM(27/11/2017) https://hcservices.ecourts.gov.in/hcservices/