The Commissioner Of Income Tax, Chennai v. M/S.sgp Exim Pvt. Ltd., Chennai-6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.10.2018 CORAM : The Honourable Mr.Justice T.S.SIVAGNANAMand The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal Nos.881 & 882 of 2014 The Commissioner of Income Tax, Chennai..Appellant/Appellant Vs M/s.SGP Exim Pvt. Ltd., Chennai-6...Respondent/Respondent APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 17.9.2010 in ITA Nos.1903 and1599/Mds/2008 on the file of the Income Tax Appellate TribunalMadras 'A' Bench respectively for the assessment years 2003-04and 2004-05 against the order passed by the Commissioner of Income Tax18.06.2008 made in I.T.A.No.19/06-07 for the Assistant year2003-04 and against the order passed by the Commissioner of Income Tax(Appeals)-V, Chennai 600 034 dated 17.01.2008 made inITA.NO.409/2006-07 for the assessment year 2004-05 and against the order passed by the Income Tax DepartmentCompany Circle VI(1) Chennai 600 034 dated 16.11.2006 made inO.S.12/AABC505512 for the Assessment year 2004-05 and againstthe order passed by the Assistant Commissioner of Income TaxCompany Circle VI(1), Chennai 600 034 dated 03.03.2006 made inS-12/AABCS0551Q in the Assessment year 2003-04. For Appellant : Mr.T.R.SenthilkumarFor Respondent in TCA No.881/2014 : Mr.R.SivaramanFor Respondent in TCA No.882/2014 : Mr.A.S.Sriraman 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 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 questions of law framed 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. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Madras 'A' Bench. Madras 'A' Bench. 2. The Commissioner of Income Tax (Appeals) IX Chennai-34. 3. The Income Tax Officer, (OSD), Company Circle VI(1) Chennai-34. Company Circle VI(1) Chennai-34. 4. The Assistant Commissioner Company Circle VI(1) Chennai-34. + 2 ccs to Mr.T. R. Senthilkumar, Advocate Sr.70785,70784 SR(CO)EU(19/11/2018) TCA.Nos.881 & 882 of 2014