The Commissioner Of Income Tax, Chennai v. M/S.basf Catalysts India P. Ltd., Kancheepuram

In the High Court of Judicature at Madras The Honourable Mr.Justice T.S.SIVAGNANAM The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal Nos.775 & 776 of 2017 & CMP.No.19672 of 2017 The Commissioner of Income Tax, Chennai...Appellant/REspondentVsM/s.BASF Catalysts India P. Ltd.,Kancheepuram-603209...Respondent/Appellant APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 10.11.2016 in ITA Nos.650 and651/Mds/2016 on the file of the Income Tax Appellate TribunalMadras 'A' Bench respectively for the assessment years 2009-10and 2010-110 and against the order of the Commissioner of IncomeTax (Appeals )I, Chennai 34 dated 15.12.2015 made in I.T.A. No.70/2013-2014(New No. ITA 162/CI(A)-1/2013-2014 ) and ITA.No.101/14-2015(New No. ITA.No.61/CIT(A)I/2014-2015) respectivelyand against the order of the Additional Commissioner of IncomeTax, Company Range I, Chennai 34 dated 25.03.2013 and17.03.2014 made in Assessment order under Section 143(3)r.w.s.92(A) for the assessment year 200-2010 and 2010-2011respectively. For Appellant : Mr.T.Ravikumar & Mrs.R.HemalathaFor Respondent : Mr.N.V.Balaji 2. These appeals by the Revenue challenge the common orderpassed by the Income Tax Appellate Tribunal, which decided theissue in favour of the assessee. https://hcservices.ecourts.gov.in/hcservices/ 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 questions of law raised are 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.Consequently, the connected CMP is also dismissed. s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar To 1.The Income Tax Appellate Tribunal, Madras 'A' Bench. 2. The Commissioner of Income Tax, Chennai. 3. The Commissioner of Income Tax, (Appeals )I Chennai. 4 The Additional Commissioner of Income Tax Company Range I Chennai 34. +1 CC to Mr.N.V.Balaji, Advocate sr 72523.+2 Ccs to Mr.T.Ravikumar, Advocate sr 72206 & 72207 TCA.Nos.775 & 776 of 2017and CMP.No.19672 of 2017 BR(CO)SP(20/11/2018)