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Madras High CourtTCA/967/2014dismissed as withdrawal

Commissioner Of Income Tax v. M/S Gemini Industries &

2018-10-12Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

In the High Court of Judicature at Madras Dated : 12.10.2018 Coram :

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Tax Case Appeal No.967 of 2014 The Commissioner of Income Tax, Media Circle-I, Chennai-34.

...Appellant/Appellant Vs M/s.Gemini Industries & Imaging Pvt.Ltd., Chennai-78

...Respondent/Respondent

APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 30.5.2014 in ITA No.1732/Mds/2013 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 (A) IV, Chennai made in I.T.A. No. 208 & 209/2011-2012 dated 28.05.2013 as against the order of the Deputy Commissioner of Income Tax Media Circle I, Chennai dated 29.12.2011 for the assessment year 2009-2010. For Appellant :

Mr.M.Swaminathan For Respondent :

No appearance 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 In the light of the above, the appeal is dismissed as withdrawn and the substantial question of law framed is left open.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.

-s/d- 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 (A) IV, Chennai.

3. The Deputy Commissioner of Income Tax Media Circle I, Chennai. +1 CC to M/s.M. Swaminathan, Advocate sr 70932. TCA.No.967 of 2014 CNR(CO) SP(19/11/2018) https://hcservices.ecourts.gov.in/hcservices/