The Commissioner Of Income Tax, Chennai v. Shri Lalith Kumar S.mehta
High Court
26 Oct 2018 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
The Commissioner Of Income Tax, Chennai v. Shri Lalith Kumar S.mehta
Date of order
26 Oct 2018
Assessment year(s)
2007-08
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In The Commissioner Of Income Tax, Chennai v. Shri Lalith Kumar S.mehta, 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
In the High Court of Judicature at Madras
Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM
and
The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN
Tax Case Appeal No.49 of 2013
The Commissioner of Income Tax, Chennai...Appellant
Vs
Shri Lalith Kumar S.Mehta...Respondent
APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 31.5.2012 in ITA No.1975/Mds/2010 on thefile of the Income Tax Appellate Tribunal Chennai 'D' Bench forthe assessment year 2007-08 as against the order dated15.08.2010 made in ITA.NO.87/09-10 on the file of theCommissioner of Income Tax (Appeals)-IX, 121, Mahatma GandhiRoad, Chennai 600 034, against the order dated 30.12.2009 passedby the Additional Commissioner of Income Tax, Business Range-VIII, Chennai-6 in PAN/GIR No. for the Assessment year2007-08.
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.
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-V)
//True Copy//
Sub Assistant Registrar
To
1. The Income Tax Appellate Tribunal, Chennai 'D' Bench., Chennai. Chennai 'D' Bench., Chennai.
2. The Commissioner of Income Tax (Appeals) -IX 121, Mahatma Gandhi Road, Chennai-34. Mahatma Gandhi Road, Chennai-34.
3. The Additional Commissioner of Income Tax Business Range-VIII, 1st Floor Kannammai Buld., 611, Anna Salai, Chennai-6. Tax Business Range-VIII, 1st Floor Kannammai Buld., 611, Anna Salai, Chennai-6.
+ 1 cc to Mr.M. Swaminathan, Advocate Sr.74219+ 1 cc to Mr. N. Muthukumar, Advocate Sr.73222
TCA.No.49 of 2013
SPD(CO)EU(27/11/2018)
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