The Commissioner Of Income Tax, Coimbatore v. M/S.sri Balasubramania Mills Ltd

In the High Court of Judicature at Madras Coram : The Honourable Mr.Justice T.S.SIVAGNANAMand The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.35 of 2013 The Commissioner of Income Tax, Coimbatore...Appellant/Respondent Vs M/s.Sri Balasubramania Mills Ltd.,483, Kamaraj Road,UpplialayamCoimbatore-15...Respondent/Appellant PRAYER:APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 24.7.2012 in ITA No.626/Mds/2009 on thefile of the Income Tax Appellate Tribunal Chennai 'D' Bench forthe assessment year 2006-07 against the order of theCommissioner of Income Tax (Appeals)-I, Coimbatore dated26.02.2009, made in Appeal No. 118/08-09, preferred against theOrder dated 15.09.2008, passed by the Assistant Commissioner ofIncome Tax, Company Circle I (1), Coimbatore made in AADCS188K. For Appellant : Mr.T.R.Senthilkumar & Ms.K.G.UsharaniFor Respondent : Mr.A.Sathyaseelan Judgment was delivered by T.S.SIVAGNANAM,J Heard the learned counsel for the appellant. 2. This appeal by the Revenue challenges the order passedby the 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(CCC) //True Copy// Sub Assistant RegistrarTo1.The Income Tax Appellate Tribunal, Chennai 'D' Bench.2. The Commissioner of Income Tax (Appeals)-I, Coimbatore.3. The Assistant Commissioner of Income Tax, Company Circle I (1), Coimbatore.+1cc to Mr.T.R.SenthiKumar, Advocate, S.R.No. 73316+1cc to Mr.A.Sathya Sekar, Advocate, S.R.No. 74542TCA.No.35 of 2013SSV(CO)GN(20/11/2018)