Commissioner Of Income Tax-Iii, Chennai v. M/S.faively Transport India Ltd., Hosur
High Court
08 Oct 2018 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
Commissioner Of Income Tax-Iii, Chennai v. M/S.faively Transport India Ltd., Hosur
Date of order
08 Oct 2018
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In Commissioner Of Income Tax-Iii, Chennai v. M/S.faively Transport India Ltd., Hosur, the High Court (2018) dismissed the appeal. The decision went in favour of the assessee.
Decision: In the light of the above, the appeal is dismissed aswithdrawn and the substantial question of law framed is leftopen.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
In the High Court of Judicature at Madras
The Honourable Mr.Justice T.S.SIVAGNANAM
and
The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN
Tax Case Appeal No.1307 of 2009
Commissioner of Income Tax-III, Chennai ...Appellant/RespondentVs
M/s.Faively Transport India Ltd.,Hosur...Respondent/Respondent
APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 02.7.2009 in ITA No.1661/Mds/2007 on thefile of the Income Tax Appellate Tribunal Chennai 'A' Bench forthe assessment year 2003-04, and against the Appeal dated28/02/07 in ITA.NO.173/06-07 on the file of the Commissioner ofIncome Tax(Appeals)-XII Chennai and against the Appeal dated22/03/2006 in PAN/GIR.NO.AACGS 8525B on the file the DeputyCommissioner of Income Tax Company Circle-II(1), Chennai-34.
For Appellant : Mr.Karthik RanganathanFor Respondent: Mr.R.Venkata Narayanan for M/s.Subbaroya Aiyer Padmanabhan
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 bythe 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
To
1.The Income Tax Appellate Tribunal, Chennai 'A' Bench.2.The Commissioner of Income Tax,(Appeals) XII, Chennai-34.3.The Deputy Commissioner of Income Tax,Company Circle II(1)Chennai-34.4.The Section Officer, VR Section,High Court, Madras.-104.( copies)5.The Commissioner of Income Tax III,Chennai.6.The Assistant RegistrarIncome Tax Appellate Tribunal,3[rd] Floor, Besant Nagar,Rajaji Bhavan, Chennai.
+1cc to M/s.Subbaroya Aiyer Padmanabhan, Advocate sr.no.69505
TCA.No.1307 of 2009
nr 15/11/2018
https://hcservices.ecourts.gov.in/hcservices/
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