Commissioner Of Income Tax,Salem v. M/S.velathal Spinning Mills P. Ltd.,Pallipalayam

In the High Court of Judicature at Madras Coram : The Honourable Mr.Justice T.S.SIVAGNANAM The Honourable Mr.Justice N.SATHISH KUMAR Commissioner of Income Tax,Salem Vs ...Appellant M/s.Velathal Spinning Mills P. Ltd.,Pallipalayam ...Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 02.5.2013 in ITA No.453/Mds/2013 on thefile of the Income Tax Appellate Tribunal Madras 'A' Bench forthe assessment year 2009-10. Against the Order of the commissioner of Income Tax AppealsSalem dated 31.12.2012 in ITA.No. 263/11-12 in the assessmentYear 2009-2010. Against the Order of the Assistant Commissioner of IncomeTax Circle 1(1) Salem dated 26.12.2011 AN/GIR No. AACV6931C inthe assessment Year 2009-10. Heard the learned Senior Standing 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. The Revenue has filed this appealraising the following substantial question of law : https://hcservices.ecourts.gov.in/hcservices/ “Whether, on the facts and in thecircumstances of the case, the Tribunal wasright in holding that the assessee isentitledfordepreciationoncivilconstruction/electrical fitting at a higherrate of depreciation applicable to thewindmill equipment at the rate of 80% byconcludingthatthesaidinstallations/construction were integralpart of the windmill ?” 3. The Revenue seeks to withdraw this 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 raised is leftopen. In the event the tax effect is above the threshold limitfixed in the said circular under exceptional clauses mentionedin the circular, liberty is granted to the Revenue to make amention to this Court to restore the appeal to be heard anddecided on merits. No costs. Sd/-Assistant Registrar(CO)//True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Madras 'A' Bench. 2.The commissioner of Income Tax Appeals, Salem. 3. The Assistant commissioner of Income Tax Circle 1 (1), Salem. +1cc to Mr.Swaminathan, Advocate, S.R.No. 72+1cc to Mr.GR Associates Advocate, S.R.No. 13 TCA.No.750 of 2014 MG(CO)GN(31/01/2019)