The Commissioner Of Income Tax, Coimbatore v. M/S.excel Plast, Coimbatore

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.11.2018 CORAM : THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMAND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR TAX CASE APPEAL NO.275 OF 2014 The Commissioner of Income Tax, Coimbatore ...AppellantVs M/s.Excel Plast, Coimbatore-641006...Respondent APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 06.9.2013 in ITA No.1415/Mds/2011 on thefile of the Income Tax Appellate Tribunal Chennai 'B' Bench forthe assessment year 2008-09. against the order of theCommissioner of Income Tax(Appeals)-I, Coimbatore dated23.05.2011 and made in Appeal No.71/10-11 for the AssessmentYear 2008-2009. against the order of the Assistant Commissioner of IncomeTax, Circle-II, Coimbatore, dated 30.09.2010 and made inPAN.AABFE2285J. Against the order of the Assistant Commissioner of Income-Tax, Circle-II, Coimbatore dated 23.03.2010 and made inPAN/GIR.No.AABEF2285J for the Assessment year 2008-09. For Appellant : Mr.T.R.Senthilkumar & Ms.K.G.Usharani 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. https://hcservices.ecourts.gov.in/hcservices/ 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 question of law framed is leftopen. In the event the tax effect is above the threshold limitfixed in the said circular under exceptional clauses mentionedin the circular, liberty is granted to the Revenue to make amention to this Court to restore the appeal to be heard anddecided on merits. No costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant RegistrarrsTo1.The Income Tax Appellate Tribunal, Chennai 'B' Bench.2.The Commissioner of Income Tax(Appeals)-I,Coimbatore.3.The Assistant Commissioner of Income Tax,Circle-II, Coimbatore4.The Commissioner of Income Tax,Coimbatore.+1cc to Mr.T.R.Senthilkumar, Advocate, S.R.No.76675+1cc to Mr.S.Sridhar, Advocate, S.R.No.77086 SV(Co)CS/07/12/2018 TCA.No.275 of 2014