Commissioner Of Income Tax-I, Coimbatore v. Shri P.thirumoorthy

In the High Court of Judicature at Madras Dated : 11.10.2018Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal Nos.164 & 165 of 2011 Commissioner of Income Tax-I, Coimbatore...Appellant inboth TCAsVsShri P.Thirumoorthy...Respondent inTCA.164/2011Shri P.Mohan Gandhi...Respondent inTCA.165/2011APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 14.10.2010 in ITA Nos.1297 and1298/Mds/2009 on the file of the Income Tax Appellate TribunalMadras 'A' Bench for the assessment year 2006-07.TCA.164/2011: against the order of the Income Tax Appellate TribunalBench A, Chennai ITA 1297/mds/2009 Pan. Assessmentyear 2006-2007 Income Tax Officer Ward-II(3)-Coimbatore andITA.No. 12981/mds/2009 Pan No. Assessment year 2006-2007 Income Tax Officer, Ward-II(3), Coimbatore. against the order of the office of the Income Tax(Appeals),Coimbatore Assessment year 2006-07 Pan.No. dt16/06/2009-ITA.285/08-09.TCA.165/2011: against the order of the Income-Tax Appellate Tribunal 'A'Bench, Chennai dated 14/10/2010 passed in ITA.No.1298/mds/2009AMIPM5350P and Commissioner of Income Tax(Appeals)-I, dt16/06/2009 Appeal No.284/08-09 Pan.No. Assessment year2006-2007. https://hcservices.ecourts.gov.in/hcservices/ For Appellant : Mr.T.R.Senthilkumar & Ms.K.G.UsharaniFor Respondents : Mr.K.Ravi COMMON JUDGMENT (Judgment was delivered by T.S.SIVAGNANAM,J) Heard the learned counsel for the appellant. 2. These appeals by the Revenue challenge the common orderpassed by the Income Tax Appellate Tribunal, which decided theissue in favour of the assessees. 3. The Revenue seeks to withdraw the appeals 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 appeals are dismissed aswithdrawn and the substantial questions of law framed are leftopen. In the event, in each of the cases, the tax effect isabove the threshold limit fixed in the said circular, liberty isgranted to the Revenue to make a mention to this Court torestore the appeals to be heard and decided on merits. No costs. Sd/- Assistant Registrar //True Copy// To Sub Assistant Registrar 1.The Income Tax Appellate Tribunal, Madras 'A' Bench. 2.The Commissioner of Income Tax(Appeals)-I,Coimbatore. 3.The Income Tax Officer Ward-II(3),Coimbatore. 4. The Section Officer,V.R Section,High Court, Madras +2cc to M/s.K.Ravi, Advocate sr.70823, 70824+2cc to M/s.T.R.Senthil Kumar, Advocate sr.71166, 71168 vsn-II(co)nr 16/05/2019 TCA.Nos.164 & 165 of 2011