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Principal Commissioner Of Income Tax-I, Chennai-34 v. M/S.chettinad International Coal

High Court 02 Nov 2018 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
Principal Commissioner Of Income Tax-I, Chennai-34 v. M/S.chettinad International Coal
Date of order
02 Nov 2018
Assessment year(s)
2007-08
Outcome
Dismissed

Case summary

In Principal Commissioner Of Income Tax-I, Chennai-34 v. M/S.chettinad International Coal, 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 questions of law raised are leftopen.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.

Sections referenced in this judgment

The order — as passed by the High Court

In the High Court of Judicature at Madras Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Principal Commissioner of Income Tax-I, Chennai-34 Vs ...Appellant M/s.Chettinad International Coal Terminal P. Ltd., Chennai-6. ...Respondent APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 09.6.2016 in ITA No.2187/Mds/2013 on thefile of the Income Tax Appellate Tribunal Madras 'A' Bench forthe assessment year 2007-08, against the order of ITA No.250/09-10/A-1 dated 23.10.13 on the file of Commissioner of Income Tax(Appeals)-1, 121, Mahatma Gandhi Road, Chennai-34 for theAssessment Year 2007-08, against the Assistant Commissioner ofIncome Tax company circle-I(3), Chennai0-34 made in GIR/PANNo.AACCC7786J dated 11/12/09 for the Assessment Year 2007-08. For Appellant : Mr.T.R.Senthil kumar 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. https://hcservices.ecourts.gov.in/hcservices/ 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 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. Sd/- Assistant Registrar //True Copy// Sub Assistant RegistrarTo1.The Income Tax Appellate Tribunal, Madras 'A' Bench.2.The Principal Commissioner of Income Tax I, Chennai-34.3.The Commissioner of Income Tax (Appeals)-1, 121, Mahatma Gandhi Road, Chennai-34.4.The Assistant Commissioner of Income Tax, Company circle I(3), Chennai-34.5.The Assistant Registrar, Income Tax Appellate Tribunal, IIIrd Floor, Rajaji Bhavan, Besant Nagar, Chennai-90.+1cc to Mr.S.Sridhar, Advocate Sr.76065 TCA.No.28 of 2017 skv(CO)srg(11/12/2018) https://hcservices.ecourts.gov.in/hcservices/
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