Principal Commissioner Of Income Tax-2, Coimbatore v. M/S.rock & Arch Constructions (India)Pvt. Ltd., Erode-4

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.10.2018 CORAM : THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMAND THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN TAX CASE APPEAL NO.301 OF 2017 Principal Commissioner of Income Tax-2, Coimbatore ...Appellant Vs M/s.Rock & Arch Constructions (India)Pvt. Ltd., Erode-4...Respondent APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 08.11.2016 in ITA No.534/Mds/2016 on thefile of the Income Tax Appellate Tribunal Chennai 'B' Bench forthe assessment year 2009-10 against the order of theCommissioner of Income -Tax (Appeals)-3, Coimbatore,dt:29/12/2015 and made in ITA.No.136/14-15(A) 1 for theAssessment year 200-2010. Against the order of the Income Tax Officer, ward I(4),Erode, Dt:31/03/2014 and made in AADCR4438D/2009-10/W-I(4)/ERD. Against the order of the Income Tax Officer, ward.I (4), Erodedt:31/12/2011 and made in PAN/GIR for the Assessmentyear 2009-10. For Appellant : Mr.T.R.Senthilkumar & Ms.K.G.UsharaniFor Respondent : Mr.A.S.Sriraman 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 issuein favour of the assessee.3. 3. The Revenue seeks to withdraw the appeal on account oflow tax effect in terms of Circular No.3 of 2018 dated 11.7.2018 https://hcservices.ecourts.gov.in/hcservices/ issued by the Central Board of Direct Taxes. 4. In the light of the above, the appeal is dismissed aswithdrawn and the substantial questions of law raised are leftopen. In the event the tax effect is above the threshold limitfixed 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(CCC) //True Copy// Sub Assistant RegistrarTo1.The Income Tax Appellate Tribunal, Chennai 'B' Bench.2.The Principal Commissioner Of Income-Tax-2,Coimbatore.3.The Commissioner of Income-Tax,(Appeals)-3, Coimbatore.4.The Income-Tax Officer,Ward I (4), Erode.+1cc to Mr.T.R.Senthilkumar, Advocate, S.R.No.72166TCA.No.301 of 2017 SV(CO)GSP(20/11/2018)