Commissioner Of Income Tax-Ii, Tiruchirapalli v. M/S.raja Cold Storage, Ariyalur

In the High Court of Judicature at MadrasDated : 02.1.2019 The Honourable Mr.Justice T.S.SIVAGNANAM Commissioner of Income Tax-II, Tiruchirapalli..Appellant/Respondent in allVs M/s.Raja Cold Storage, Ariyalur ..Respondent/Respondent in all Prayer : APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 18.11.2010 respectively in ITANos.1365 to 1368/Mds/ 2010 on the file of the Income TaxAppellate Tribunal Madras 'A' Bench respectively for theassessment years from 2002-03 to 2005-06. preferred against theorder oftheCommissionerofIncome Tax(Appeals),Tiruchirapalli, dated 29/06/2010, made in ITA No.166/09-10,167/09-10, 168/09-10 and 169/09-10, preferred against the orderof the Deputy Commissioner of Income Tax, Circle IV,Tiruchirapalli, dated 01.12.2009 made in PAN/GIR No.AAFFR5235Bfor the assessment year 2002-03, 2003-04, 2004-05 and 2005-06. Heard the learned Standing 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 assessee. The appeals were admitted on11.10.2011 on the following substantial question of law : https://hcservices.ecourts.gov.in/hcservices/ “Whether, on the facts and in thecircumstances of the case, the Income TaxAppellate Tribunal was right in holding thatthe assessee firm was entitled to deductionunder Section 80IB even though the assesseewas maintaining only a standalone coldstorage and also was not providingtransportationfacilities,thusnotsatisfying the conditions for deductionunder Section 80IB(11) of the Act ?” 3. The Revenue seeks to withdraw these appeals on accountof low tax effect in terms of Circular No.3 of 2018 dated11.7.2018 issued by the Central Board of Direct Taxes. 4. In the light of the above, these appeals are dismissedas withdrawn and the substantial question of law framed is leftopen. In the event, in any of the appeals, the tax effect isabove the threshold limit fixed in the said circular underexceptional clauses mentioned in the 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(CS-VI) //True copy// To 1. The Income Tax Appellate Tribunal, Madras 'A' Bench. 2. The Commissioner of Income Tax (Appeals), Tiruchirapalli. 3. The Deputy Commissioner of Income Tax, Circle -IV,Tiruchirapalli. GMY(22/02/2019) https://hcservices.ecourts.gov.in/hcservices/