The Commissioner Of Income Tax, Company Range 3, Chennai v. Wardex Pharmaceuticals Private Limited, Chennai-29

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.10.2018 CORAM : THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMAND THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN TAX CASE APPEAL NO.792 OF 2017 The Commissioner of Income Tax, Company Range 3, Chennai ...Appellant/RespondentVs Wardex Pharmaceuticals PrivateLimited, Chennai-29 ...Respondent/ Appellant APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 05.6.2017 in ITA No.1154/Mds/2016 on thefile of the Income Tax Appellate Tribunal Chennai 'C' Bench forthe assessment year 2011-12. against the order of theCommissionerofIncomeTax(Appeals)II,Chennai,dated:24/02/2016, made in ITA.No.233/2014-15-CIT(A)-11, andagainst the order of the Joint Commissioner of Income Tax,Company Range-III, Chennai, dated:26/03/2014 made inPAN.No.AAACW1036D. For Appellant : Ms.S.Premalatha For Respondent : Mr.R.Venkata Narayanan forM/s.Subbaraya Aiyer Padmanabhan Judgment was delivered by T.S.SIVAGNANAM,JHeard 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 11.7.2018 https://hcservices.ecourts.gov.in/hcservices/ issued by the Central Board of Direct Taxes. 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(CO) //True Copy// Sub Assistant RegistrarTo1.The Income Tax Appellate Tribunal,Chennai 'C' Bench.2.The Commissioner of Income Tax,(Appeals)-II, Chennai3.The Joint Commissioner of Income Tax,Company Range-III, Chennai.4.The Commissioner of Income Tax,Company Range-III, Chennai.+1cc to Mr.M.Swaminathan, Advocate, S.R.No.71670+1cc to Mr.Subbaraya Aiyar, Advocate, S.R.No.71639TCA.No.792 of 2017BR(CO)GSP(22/11/2018)