Tax Case Appeal v. M/S.mil Industries Ltd., Chennai-98

In the High Court of Judicature at Madras The Honourable Mr.Justice T.S.SIVAGNANAM The Honourable Mr.Justice N.SATHISH KUMAR Tax Case Appeal No.306 of 2013The Commissioner of Income Tax, Chennai...Appellant/AppellantVs M/s.MIL Industries Ltd., Chennai-98 ...Respondent/Respondent APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 07.1.2013 in ITA No.988/Mds/2011 on thefile of the Income Tax Appellate Tribunal Chennai 'C' Bench forthe assessment year 2005-06, and against the order of theCommissioner of Income Tax Appeals-V, Chennai-34 dated 22/03/11and made in ITA.NO.58/08-09 for the Assessment year 2005-06, andagainst the order of the Deputy Commissioner of Income TaxCompany circle IV(3), Chennai-34, dated 31/12/07 and made inPAN.NO.AAACM4380Q for the Assessment year of 2005-06. For Appellant : Mr.Karthik RanganathanFor Respondent : Mr.G.Baskar 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. https://hcservices.ecourts.gov.in/hcservices/ 4. In the light of the above, the appeal is dismissed aswithdrawn and the substantial questions of law framed 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. No costs. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant RegistrarTo1.The Income Tax Appellate Tribunal, Chennai 'C' Bench.2.The Commissioner of Income Tax Appeals-V,Chennai-34.3.The Deputy Commissioner of Income Tax, company circle-IV(3),Chennai-34.+1cc to Mr.N.Muthukumar, Advocate sr.no.77797TCA.No.306 of 2013VGII(CO)NR 05/12/2018