Tca/591/2010 Of Commissioner Of Income Tax v. Smt.bhanwari Khanwar

In the High Court of Judicature at MadrasDated : 09.11.2018 Coram : The Honourable Mr.Justice T.S.SIVAGNANAMand The Honourable Mr.Justice N.SATHISH KUMAR Tax Case Appeal Nos.591, 593 and 594 of 2010 The Commissioner of Income Tax, Central III, Chennai...Appellant inall the TCAsVsSmt.Bhanwari Khanwar...Respondent inTCA.591/2010Shri Loonchand Chordia (HUF)...Respondent inTCA.593/2010Shri Loonchand Chordia (S.HUF)...Respondent inTCA.594/2010 APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 21.8.2009 respectively in IT(SS)ANos.17, 20 and 22/ Mds/2009 on the file of the Income TaxAppellate Tribunal Madras 'B' Bench for the block period from01.4.1991 to 31.3.2000 and against the order of the Commissionerof Income Tax (A)-II (I/C)- Chennai-34, made in ITA.No.171, 163and 167/05-06, order dated 27.02.2009 and against the order ofthe Deputy Commissioner of Income Tax, Central Circle-III, (3),Chennai-34, order dated 21.11.2005 respondents made inPAN.No./GI No.703-B, 201-L and 202-L in the Assessment yearBlock Period ending 07.06.2000. COMMON JUDGMENT (Judgment was delivered by T.S.SIVAGNANAM,J)Heard the learned counsel for the appellant. 2. These appeals by the Revenue challenge the common orderpassed by the Income Tax Appellate Tribunal, which decided theissue in favour of the assessees. 3. The Revenue seeks to withdraw the appeals 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 appeals are dismissed aswithdrawn and the substantial question/questions of law framedis/are left open. In the event, in each of the cases, the taxeffect is above the threshold limit fixed in the said circularunder exceptional clauses mentioned in the circular, liberty isgranted to the Revenue to make a mention to this Court torestore the appeals to be heard and decided on merits. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To1. The Income Tax Appellate Tribunal, Madras 'B' Bench.2. The Commissioner of Income Tax (Appeals)-II (I/C), Chennai-34. 3. The Deputy Commissioner of Income Tax Central Circle-III(3), Chennai-34. + 3 ccs to Rm. T.R. sentilkumar, Advocate Sr.76676 to 76678 TCA.Nos.591, 593 & 594of 2010 NRJK(CO)EU(04/12/2018)