The Commissioner Of Income Tax, Ward I, Tirupur v. Https://Hcservices.ecourts.gov.in/Hcservices

In the High Court of Judicature at Madras Dated : 02.1.2019Coram :The Honourable Mr.Justice T.S.SIVAGNANAMand The Honourable Mr.Justice N.SATHISH KUMARTax Case Appeal No.1045 of 2014 & MP.No.1 of 2014 The Commissioner of Income Tax, Ward I, Tirupur...Appellant VsSmt.K.Malarvizhi...Respondent APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 23.5.2014 in ITA No.865/Mds/2014 on thefile of the Income Tax Appellate Tribunal Madras 'D' Bench forthe assessment year 2009-10. against the order dated:26/02/2014in IT Appeal No.275/11-12 on the file of the Commissioner OfIncome Tax (Appeals)- Coimbatore for the assessment year 2009-2010, against the order dated:30/12/2011 in PAN/GIRNo. on the file of the Income Tax Officer, ward I(4)Tiruppur. For Appellant : Mr.M.Swaminathan, SSC Judgment was delivered by T.S.SIVAGNANAM,JHeard the learned Senior Standing 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. The Revenue has filed the appeal byraising the following substantial questions of law : “i. Whether, on the facts andcircumstances of the case, the Income TaxAppellate Tribunal was right in notconsidering the findings of the Commissionerof Income Tax (Appeals) that the property,which is transferred on 22.12.2008, is stillenjoyed by the trust after a period of fiveyears ? Andii. Whether the Income Tax AppellateTribunal is justified in holding that thereis no further requirement for cancellation https://hcservices.ecourts.gov.in/hcservices/ deed without considering whether an award ofthe Lok Adalat can have the effect incanceling registration of lands alreadygiven effect to ?” 3. The Revenue seeks to withdraw this 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. 4. In the light of the above, the appeal is dismissed aswithdrawn and the substantial questions of law raised 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. Consequently, the connected MP is alsodismissed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Commissioner of Income Tax,Ward I, Tirupur.2.The Income Tax Appellate Tribunal,Madras 'D' Bench, Chennai. 3.The Commissioner of Income Tax Appeals-II,Coimbatore. 4.The Income Tax officer,Ward I (4), Tiruppur. +1cc to Mr.M.Swaminathan, Advocate, S.R.No.55 TCA.No.1045 of 2014and MP.No.1 of 2014 SSI(CO)GSP(13/02/2019)