Tca/455/2010 Of Commissioner Of Income Tax v. M/S Brakes India Ltd
High Court
09 Nov 2018 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
Tca/455/2010 Of Commissioner Of Income Tax v. M/S Brakes India Ltd
Date of order
09 Nov 2018
Assessment year(s)
1998-99
Outcome
Dismissed
Case summary
In Tca/455/2010 Of Commissioner Of Income Tax v. M/S Brakes India Ltd, 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 question of law framed is 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
The Honourable Mr.Justice T.S.SIVAGNANAM
and
The Honourable Mr.Justice N.SATHISH KUMAR
Tax Case Appeal No.455 of 2010
Commissioner of Income Tax, Chennai ...Appellant/ AppellantVsM/s.Brakes India Ltd., Padi.Chennai. ...Respondent/RespondentAPPEAL under Section 260A of the Income Tax Act, 1961against the order dated 19.6.2009 in ITA No.1722/Mds/2008 on thefile of the Income Tax Appellate Tribunal Chennai 'D' Bench forthe assessment year 1998-99. For Appellant : Mr.T.Ravikumar For Respondent : Mr.Vikram VijayaraghavanJudgment 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 11.7.2018issued 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 mentioned
https://hcservices.ecourts.gov.in/hcservices/
in 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, Chennai 'D' Bench.2.The Commissioner of Income Tax,Chennai.+1cc to Mr.T.Ravikumar, Advocate, S.R.No.76633TCA.No.455 of 2010BS(CO)GSP(03/12/2018)
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