The Commissioner Of Income Tax,Circle-I, Madurai v. The Metal Power Company Ltd.,Maravankulam, Thirumangalammadurai
High Court
23 Oct 2018 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
The Commissioner Of Income Tax,Circle-I, Madurai v. The Metal Power Company Ltd.,Maravankulam, Thirumangalammadurai
Date of order
23 Oct 2018
Assessment year(s)
2010-11, 2010-2011
Outcome
Dismissed
Case summary
In The Commissioner Of Income Tax,Circle-I, Madurai v. The Metal Power Company Ltd.,Maravankulam, Thirumangalammadurai, 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
The order — as passed by the High Court
In the High Court of Judicature at Madras
Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM
and
The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN
Tax Case Appeal No.9 of 2017
The Commissioner of Income Tax,Circle-I, Madurai...Appellant/Appellant
Vs
The Metal Power Company Ltd.,Maravankulam, ThirumangalamMadurai-625806
...Respondent/Respondent
APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 31.3.2016 in ITA No.1143/Mds/2014 on thefile of the Income Tax Appellate Tribunal Chennai 'C' Bench,Chennai for the assessment year 2010-11 against the order ofthe Commissioner of Income Tax(appeals )I, Chennai dated03.02.2014 and made in I.T.A. No. 0088/2012-2013 for theassessment year 2010-2011 filed against the order of the DeputyCommissioner of Income Tax Circle I(1) Madurai dated 01.03.2013and made in P.A. No. AAACT4262 E for the Assessment year 2010-2011.
For Appellant : Mr.M.Swaminathan & Ms.V.PushpaFor Respondent : Mr.A.S.Sriraman
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. No costs.
s/d-
Assistant Registrar(CS VII)
True Copy Sub-Assistant RegistrarTo1.The Income Tax Appellate Tribunal, Chennai 'C' Bench.2. The Commissioner of Income Tax(Appeals)I Madurai.3. The Deputy Commissioner of Income Tax Circle I(1), Madurai.4. The Commissioner of Income Tax Circle I, Madurai.+1 CC to Mr.M. Swaminathan, Advocate sr 71802.TCA.No.9 of 2017SV(CO)SP(15/11/2018)
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