Principal Commissioner Of v. M/S.Chettinad International

In the High Court of Judicature at Madras Dated : 02.11.2018 Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.28 of 2017 Principal Commissioner of Income Tax-I, Chennai-34 ...Appellant Vs M/s.Chettinad International Coal Terminal P. Ltd., Chennai-6.

...Respondent

APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 09.6.2016 in ITA No.2187/Mds/2013 on the file of the Income Tax Appellate Tribunal Madras 'A' Bench for the assessment year 2007-08, against the order of ITA No.250/0910/A-1 dated 23.10.13 on the file of Commissioner of Income Tax (Appeals)-1, 121, Mahatma Gandhi Road, Chennai-34 for the Assessment Year 2007-08, against the Assistant Commissioner of Income Tax company circle-I(3), Chennai0-34 made in GIR/PAN No.AACCC7786J dated 11/12/09 for the Assessment Year 2007-08. For Appellant : Mr.T.R.Senthil kumar For Respondent : A.S.Sriraman for Mr.S.Sridhar 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 In the light of the above, the appeal is dismissed as withdrawn and the substantial questions of law raised are left open.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.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Madras 'A' Bench. 2.The Principal Commissioner of Income Tax I, Chennai-34.

3.The Commissioner of Income Tax (Appeals)-1, 121, Mahatma Gandhi Road, Chennai-34.

4.The Assistant Commissioner of Income Tax, Company circle I(3), Chennai-34.

5.The Assistant Registrar, Income Tax Appellate Tribunal, IIIrd Floor, Rajaji Bhavan, Besant Nagar, Chennai-90.

+1cc to Mr.S.Sridhar, Advocate Sr.76065 TCA.No.28 of 2017 skv(CO) srg(11/12/2018) https://hcservices.ecourts.gov.in/hcservices/