Tca/976/2013 Of Director Of Income Tax v. M/S. Tamilnadu Energy
High Court
26 Oct 2018 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
Tca/976/2013 Of Director Of Income Tax v. M/S. Tamilnadu Energy
Date of order
26 Oct 2018
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In Tca/976/2013 Of Director Of Income Tax v. M/S. Tamilnadu Energy, 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
In the High Court of Judicature at Madras
The Honourable Mr.Justice T.S.SIVAGNANAM
The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN
The Director of Income Tax(Exemptions), Chennai
...Appellant/Appellant
M/s.Tamilnadu Energy DevelopmentAgency, Chennai-6
...Respondent/Respondent
APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 09.9.2011 in ITA No.259/Mds/2011 on thefile of the Income Tax Appellate Tribunal Chennai 'B' Bench forthe assessment year 2007-08 against the order passed by theCommissioner of Income Tax (Appeals)-XIII Chennai-600 034dt:24/11/2010 made in ITA.No.81/09-10 and against order passedby the Deputy Director of Income Tax (Exemptions) Chennai-600034 dt:12/10/2009 made in IT.N.S.65 for the Assessment year2007-08.
For Appellant : Mr.M.Swaminathan & Ms.V.Pushpa
For Respondent : Mr.V.Jaya Prakash Narayanan
Judgment was delivered by T.S.SIVAGNANAM,JHeard 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. 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 question of law framed is leftopen. In the event the tax effect is above the threshold limitfixed in the said circular, liberty is granted to the Revenue tomake a mention to this Court to restore the appeal to be heardand decided on merits. No costs.
Sd/- Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
To
1.The Income Tax Appellate Tribunal, Chennai 'B' Bench.
2.The Commissioner of Income Tax (Appeals)-XIIChennai-34
3.The Deputy director of Income Tax (Exemptions)Chennai-600 034.
+1cc to Mr.V.Jayaprakash Narayanan, Advocate, S.R.No.74095
+1cc to Mr.M.Swaminathan, Advocate, S.R.No.74222
SR(CO)GSP(27/11/2018)
TCA.No.976 of 2013
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