The Commissioner Of Income Tax, Company Circle-Iii, Chennai v. M/S.venkateswara Electrical Industries (P) Ltd., Chennai-116

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 08.10.2018 CORAM : THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN TAX CASE APPEAL NOS.328 TO 330 OF 2015 The Commissioner of Income Tax, Company Circle-III, Chennai ...Appellant in all the Appeals/RespondentVs M/s.Venkateswara ElectricalIndustries (P) Ltd., Chennai-116. ...Respondent in all the Appeals/Respondent APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 28.8.2014 in ITA Nos.1344, 1345and 1636/Mds/2014 on the file of the Income Tax AppellateTribunal Chennai 'D' Bench respectively for the assessment yearsfrom 2008-09, 2009-10 and 2008-09 against the order of theCommissioner of Income Tax (Appeals)III 121 Mahatma Gandhi Road,Chennai-34, made in ITA No.1371/2013-14 dt:20/01/2014 for theAssessment year 2008-09 and the order of Commissioner of IncomeTax (Appeals)III121,Mahatma Gandhi Road, Chennai-600 034, madein ITA No.1183/2013-14 dt:13/02/2014 for the assessment year2009-10. Which were filed against the order of Income Tax DepartmentDeputy Commissioner of Income Tax, Company circle III(4)Chennai-34 made in GIR No./PAN 271-VI dt:14/12/2010for the Assessment year 2008-09. and for order of Income Tax Department AssistantCommissioner of Income Tax, Company circle III (4) Chennai-34made in GIR/PAN271-V/AAACV0717C dt:07/12/2011 for the assessmentyear 2009-10 respectively. https://hcservices.ecourts.gov.in/hcservices/ For Appellant : Mr.M.SwaminathanFor Respondent : Mr.R.Venkata Narayanan forM/s.Subbaroya Aiyer Padmanabhan 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(CS VII) //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Chennai 'D' Bench. 2.The Commissioner of Income Tax, Company circle III Chennai. 3.The Commissioner of Income Tax, (Appeals) III 121, Mahatma Gandhi Road,Chennai-34. 4.The Deputy Commissioner of Income Tax,Company circle III (4) Chennai-34. 5.The Assistant Commissioner of Income Tax,Company Circle III (4) Chennai-34 https://hcservices.ecourts.gov.in/hcservices/ 6.The Assistant Registrar, Income Tax,Appellate Tribunal III rd Floor, Rajaji Bhavan, Besant Nager, Chennai-90. +1cc to Mr.Subbaraya Aiyar, Advocate, S.R.No.69502 +1cc to Mr.M.Swaminathan, Advocate, S.R.No.69043 TCA.Nos.328 to 330 of 2015 SKV(CO)GSP(20/11/2018)