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The Commissioner Of Income Tax, Chennai-34 v. M/S.ramasahaimal Sahuwala & Sons,Chennai-34

High Court 08 Oct 2018 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
The Commissioner Of Income Tax, Chennai-34 v. M/S.ramasahaimal Sahuwala & Sons,Chennai-34
Date of order
08 Oct 2018
Assessment year(s)
1996-97, 1995-96
Outcome
Dismissed

Case summary

In The Commissioner Of Income Tax, Chennai-34 v. M/S.ramasahaimal Sahuwala & Sons,Chennai-34, the High Court (2018) dismissed the appeal. The decision went in favour of the assessee.

Decision: In the light of the above, the appeals are 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 Coram : The Honourable Mr.Justice T.S.SIVAGNANAM The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN The Commissioner of Income Tax, Chennai-34....Appellant Vs M/s.Ramasahaimal Sahuwala & Sons,Chennai-34....Respondent APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 28.4.2006 in ITA Nos.1098 and1451/Mds/99 on the file of the Income Tax Appellate TribunalMadras 'B' Bench respectively for the assessment years 1995-96and 1996-97. Against the Order of the commissioner of Income Tax AppealsIX, chennai dated 09/07/1999 in ITA.No. 76/99-00 in theAssessment Year 1996-97. Against the Order of the Commissioner of Income Tax AppealsIX Chennai dated 26.04.99 in ITA.No. 54/98-99 in the AssessmentYear 1995-96. Against the Order of the Deputy Director of Income Tax(Exemption) IV Chennai 34 dated 30.03.99 in the assessment year1996-97. Against the Order of the Assistant Director of Income Tax(exemptions) IV Chennai 34 dated 27/03/98 in the Assessment Year1995-96. For Appellant : Mr.Karthik RanganathanFor Respondent : Mr.M.P.Senthilkumar (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 assessee. 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 of law framed is leftopen. In the event, in each of the cases, the tax effect isabove the threshold limit fixed in the said circular, liberty isgranted to the Revenue to make a mention to this Court torestore the appeals to be heard and decided on merits. No costs. Sd/-Assistant Registrar(CS-IX)//True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Madras 'B' Bench. 2. The Commissioner of Income Tax Appeals IX, Chennai. 3. The Deputy Director of Income Tax(Exemptions) IV, Chennai-34. +1cc to Mr. Senthil Kumar, Advocate, S.R.No. 69393TCA.Nos.705 & 706 of 2009
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