The Commissioner Of Income Tax, Trichy v. Sri K.subramanian
High Court
01 Nov 2018 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
The Commissioner Of Income Tax, Trichy v. Sri K.subramanian
Date of order
01 Nov 2018
Assessment year(s)
2003-04
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In The Commissioner Of Income Tax, Trichy v. Sri K.subramanian, the High Court (2018) dismissed the appeal. The decision went in favour of the assessee.
Decision: In the light of the above, the appeal is dismissed aswithdrawn and the substantial questions of law framed are leftopen.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
In the High Court of Judicature at MadrasDated : 01.11.2018
The Honourable Mr.Justice T.S.SIVAGNANAMand The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN
Tax Case Appeal No.211 of 2011
The Commissioner of Income Tax, Trichy...Appellant/RespondentVs
Sri K.Subramanian, ProprietorR.K.Exports, Karur...Respondent/Petitioner
APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 14.9.2007 in ITA No.374/Mds/2007 on thefile of the Income Tax Appellate Tribunal Chennai 'D' Bench forthe assessment year 2003-04 against the order dated 17.11.2006in I.T.A. No. 14/06-2007 on the file of the Commissioner ofIncome Tax (Appeals)II, Thiruchirapalli.
against the order dated 17.03.2006 on the file of the DeputyCommissioner of Income Tax Circle II, Tiruchirapalli.For Appellant : Mr.T.RavikumarFor Respondent : No appearance
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 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.
-s/d-
Assistant Registrar(CS-IX)
True Copy Sub-Assistant RegistrarTo1.The Income Tax Appellate Tribunal, Chennai 'D' Bench.2. The Commissioner of Income Tax (appeals) Thiruchirapalli.3. The Deputy Commissioner of Income Tax Circle II, Thiruchirapalli.+1 CC to Mr.T.Ravikumar, Advocate sr 75604.TCA.No.211 of 2011SSD(CO)SP(29/11/2018)
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