The Commissioner Of Income Tax, Chennai v. M/S.amec Foster Wheeler India Pvt. Ltd., Chennai-113
High Court
23 Oct 2018 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
The Commissioner Of Income Tax, Chennai v. M/S.amec Foster Wheeler India Pvt. Ltd., Chennai-113
Date of order
23 Oct 2018
Assessment year(s)
2008-2009
Outcome
Dismissed
Case summary
In The Commissioner Of Income Tax, Chennai v. M/S.amec Foster Wheeler India Pvt. Ltd., Chennai-113, 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
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMAND THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
Tax Case Appeal No.327 of 2017
The Commissioner of Income Tax, Chennai....Appellant/AppellantVs
M/s.Amec Foster Wheeler India Pvt.Ltd., Chennai-113....Respondent/Respondent
APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 25.11.2016 in ITA No.1761/Mds/2016 onthe file of the Income Tax Appellate Tribunal Chennai 'C' Benchfor the assessment year 2008-09 against the order dated09.03.2016 in ITA. No. 333/CTT(A)-1/2015-2016 passed by theCommissioner of Income Tax Appeals, Chennai against the orderdated 29.12.2011 passed by the Deputy Commissioner of IncomeTax, Company Circle II(1) Chennai for the assessment year 2008-2009.
For Appellant : Mrs.R.HemalathaFor Respondent : No appearance
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.
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.
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 limit
https://hcservices.ecourts.gov.in/hcservices/
fixed 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.
Assistant Registrar(CCC)
True Copy
Sub-Assistant Registrar
To1.The Income Tax Appellate Tribunal, Chennai 'C' Bench.Copy toThe Section officer VR Section, High Court, Madras 104.+1 CC to Mr.T.Ravikumar, Advocate sr 72197(06/12/2018)TCA.No.327 of 2017SS(CO)SP(19/11/2018)
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