The Commissioner Of Income Tax, Madurai v. M/S.sri Balaji Investments & Consumer Credits, Tirunelveli

In the High Court of Judicature at Madras The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN The Commissioner of Income Tax, Madurai ...AppellantVs M/s.Sri Balaji Investments & Consumer Credits, Tirunelveli...Respondent APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 31.7.2009 in IT(S.S.)A No.83/Mds/2008 onthe file of the Income Tax Appellate Tribunal Chennai 'B' Benchfor the assessment year 1998-99 pertaining to block period 1996-97 to 2002-03, against the order of the Commissioner of IncomeTax Appeals II Madurai dated 24.08.2006 in ITA Nos.227/2006-2007in PAN/GIR.NO. , against the order of the AdditionalCommissioner of Income Tax, Tirunelveli dated 28.03.2008No.AAMFS4540D in the assessment year 1998-99 pertaining to BlockPeriod ( 1996-97 to 2002-03), against the order of the DeputyCommissioner of Income tax Central Circle I Madurai dated27.02.06 PAN.NO GIR NO.AAMFS4501 in the Assessment year 1996-97to 2002-2003 till 03.01.02. 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. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant RegistrarTo1.The Assistant Registrar, Income Tax Appellate Tribunal, Chennai 'B' Bench,Besani Nagar, Chennai-902.The Commissioner of Income Tax Appeals II, Madurai.3.The Additional Commissioner of Income Tax,Tirunelveli4.The Deputy Commissioner of Income Tax,Central Circle I Madurai.+1cc to Mr.Swaminathan, Advocate sr.no.69044TCA.No.262 of 2010nr 09/11/2018