Tca/413/2011 Of Commissioner Of Income Tax v. M/S Mahaveer Bullion

In the High Court of Judicature at Madras The Honourable Mr.Justice T.S.SIVAGNANAM The Honourable Mr.Justice N.SATHISH KUMAR The Commissioner of Income Tax,Business Circle XI, Chennai....Appellant M/s.Mahaveera Bullion, Chennai-39...Respondent APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 27.3.2009 in ITA No.1448/Mds/2008 on thefile of the Income Tax Appellate Tribunal Chennai 'B' Bench forthe assessment year 2005-06, against the order dated 27/03/2008in Appeal No.CIT(A)-IV/CHE/99 for the Assessment Year 2007-2008on the file of the Commissioner of Income Tax (Appeals)-IVChennai, against the order dated 28/12/2007 in PAN/GIRNo. for the Assessment Year 2005-2006 on the file ofthe Deputy Commissioner of Income Tax Circle XI, Chennai-6. 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. https://hcservices.ecourts.gov.in/hcservices/ 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 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 VI) //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Chennai 'B' Bench. 2.The Commissioner of Income Tax Business Circle XI, Chennai. Business Circle XI, Chennai. 3.The Commissioner of Income Tax (Appeals)-IV, Chennai. Chennai. 4.The Deputy Commissioner of Income Tax Circle XI, Chennai-6. Chennai-6. +1cc to Mr.J.Nareshkumar, Advocate Sr.83370 TCA.No.413 of 2011 ssi[co]srg 10/01/2019