Commissioner Of Income Tax, Chennai v. M/S.capricorn Food Products India Ltd., Chennai-40

In the High Court of Judicature at Madras The Honourable Mr.Justice T.S.SIVAGNANAM The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Commissioner of Income Tax, Chennai....AppellantVsM/s.Capricorn Food Products IndiaLtd., Chennai-40....Respondent APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 29.8.2013 in ITA No.1247/Mds/2013 on thefile of the Income Tax Appellate Tribunal Chennai 'B' Bench forthe assessment year 2008-09 against the order of theCommissioner of Income Tax (A) III, Chennai, dated 19/2/2013made in ITA No.287/2010 ii/a.III for the Assessment year 2008-09. Against the order of the Assistant Commissioner of IncomeTax, Company Circle-1(3) chennai-34 dated 13/12/2010 made in GIRPAN AABCC1550B for the assessment year 2008-09. Heard the learned counsel for the appellant. 2. This appeal by the Revenue challenges the order passedby the Income Tax Appellate Tribunal, which decided the issue infavour of the assessee. 3. The Revenue seeks to withdraw the appeal on account oflow tax effect in terms of Circular No.3 of 2018 dated 11.7.2018issued by the Central Board of Direct Taxes. 4. In the light of the above, the appeal is dismissed aswithdrawn and the substantial question of law framed is leftopen. In the event the tax effect is above the threshold limit https://hcservices.ecourts.gov.in/hcservices/ fixed in the said circular, liberty is granted to the Revenue tomake a mention to this Court to restore the appeal to be heardand decided on merits. No costs. Sd/-Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar rsTo1. The Income Tax Appellate Tribunal, Chennai 'B' Bench.2. The Commissioner of Income Tax (A) III Chennai-343. The Assistant Commissioner of Income Tax Company Circle 1(3), Chennai-344. The Commissioner of Income Tax, Chennai.5. The Assistant Registrar, Income Tax Appellate Tribunal, III Floor, Rajaj Bhavan, Besant Nagar, Chennai.+1cc to Mr.T.Ravikumar, Advocate SR.No.69084+1cc to M/s.M.P.Senthilkumar, Advocate SR.No.69392TCA.No.183 of 2015RSV(CO)GMY(31/10/2018)