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The Commissioner Of Income Tax, Central Ii, Chennai-34 v. M/S.kaleesuwari Refinery Pvt. Ltd., Chennai-4

High Court 26 Oct 2018 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
The Commissioner Of Income Tax, Central Ii, Chennai-34 v. M/S.kaleesuwari Refinery Pvt. Ltd., Chennai-4
Date of order
26 Oct 2018
Assessment year(s)
Outcome
Dismissed

Case summary

In The Commissioner Of Income Tax, Central Ii, Chennai-34 v. M/S.kaleesuwari Refinery Pvt. Ltd., Chennai-4, the High Court (2018) dismissed the appeal. The decision went in favour of the assessee.

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 Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal Nos.220 & 221 of 2013 The Commissioner of IncomeTax, Central II, Chennai-34...Appellant/Appellant in both TCAsVsM/s.Kaleesuwari Refinery Pvt. Ltd.,Chennai-4...Respondent / Respondent inboth TCAs APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 11.7.2012 respectively inITA Nos.136 & 137/Mds/2012 on the file of the Income TaxAppellate Tribunal Madras 'B' Bench for the assessmentyears 2003-04 and 2004-05 araising against the orders dated27.10.2011 in ITA NO,356/10-11 & 357 /10-11 respectively onthe file of the Commissioner of Income Tax (Appeals-II)Chennai. Which was filed against the Assessment ordersdated 31.12.2010 of the Assistant commissioner of IncomeTax ,Central Circle -II(4), Chennai. In PAN NO.AAA CK6087Arespectively. For Appellant : Mr.T.R.Senthilkumar&Ms.K.G.UsharaniFor Respondent : Mr.M.P.Senthilkumar 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 commonorder passed by the Income Tax Appellate Tribunal, whichdecided the issue in favour of the assessee. https://hcservices.ecourts.gov.in/hcservices/ 3. The Revenue seeks to withdraw the appeals onaccount of low tax effect in terms of Circular No.3 of 2018dated 11.7.2018 issued by the Central Board of Direct Taxes. 4. In the light of the above, the appeals aredismissed as withdrawn and the substantial questions of lawframed are left open. In the event, in each of the cases,the tax effect is above the threshold limit fixed in thesaid circular, liberty is granted to the Revenue to make amention to this Court to restore the appeals to be heardand decided on merits. No costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar To The Income Tax Appellate Tribunal, Madras 'B' Bench. 2.The Commissioner of Income Tax (Appeals-II) Chennai. 3.The Assistant commissioner of Income Tax ,Central Circle-II(4), Chennai.-II(4), Chennai. +1cc to Mr.Philip George, Advocate SR.No. 74541 +1cc to Mr.G.Baskar, Advocate SR.No. 73224 +1cc to Mr.T.R.Senthilkumar , Advocate SR.No. 73315 TCA.Nos.220 & 221 of 2013 ASK(02/01/2019)
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