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The Commissioner Of Income Tax, Chennai v. H.syed Abdul Kader

High Court 23 Oct 2018 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
The Commissioner Of Income Tax, Chennai v. H.syed Abdul Kader
Date of order
23 Oct 2018
Assessment year(s)
2010-11
Outcome
Dismissed

Case summary

In The Commissioner Of Income Tax, Chennai v. H.syed Abdul Kader, 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 questions of law framed are 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.SIVAGNANAMAND THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN TAX CASE APPEAL NO.325 OF 2017 The Commissioner of Income Tax, Chennai...Appellant/Respondent Vs H.Syed Abdul Kader, C/O S.SridarAdvocates, Chennai-20....Respondent/Appellant APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 04.5.2016 in ITA No.251/Mds/2016 on thefile of the Income Tax Appellate Tribunal Chennai 'C' Bench forthe assessment year 2010-11. against the order of theCommissioner of Income Tax (Appeals)-4, Chennai-34 order dated28.12.2015 and made in ITA.NO.65/2014-15/A.Y 2010-11/CIT(A)-4for the assessment year 2010-11 and against the order of theIncome Tax Officer, Business Ward XV(3), Chennai-34 order dated26.09.2014 and made in PAN. for the assessment year2010-11. For Appellant : Mr.T.Ravikumar &Mrs.R.Hemalatha For Respondent : Mr.A.S.Sriraman Judgment 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 issue infavour of the assessee. RS 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 questions of law framed are 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(CS VI) //True Copy// Sub Assistant RegistrarRsTo1.The Income Tax Appellate Tribunal, Chennai 'C' Bench.2.The Commissioner of Income Tax(Appeals)-4,Chennai-34.3.The Income Tax Officer,Business Ward XV(3) Chennai-344.The Commissioner of Income Tax, Chennai5.The Assistant Registrar,Income Tax Appellate Tribunal,IIIrd Floor, Besant Nagar,Rajaji Bhavan, Chennai.+1cc to Mr.T.Ravikumar, Advocate in sr.no.72196+1cc to Mr.S.Sridhar, Advocate in sr.no.72183 TCA.No.325 of 2017 RV(CO)CS/04/12/2018
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