The Commissioner Of Incometax, Salem v. M/S.deventhira Spinners (P) Ltd.,Erode-6
High Court
12 Oct 2018 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
The Commissioner Of Incometax, Salem v. M/S.deventhira Spinners (P) Ltd.,Erode-6
Date of order
12 Oct 2018
Assessment year(s)
2005-06
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In The Commissioner Of Incometax, Salem v. M/S.deventhira Spinners (P) Ltd.,Erode-6, 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 question of law framed is 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 Madras
The Honourable Mr.Justice T.S.SIVAGNANAM
and
The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN
Tax Case Appeal No.475 of 2010
The Commissioner of IncomeTax, Salem.
...Appellant
Vs
M/s.Deventhira Spinners (P) Ltd.,Erode-6 ...Respondent
APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 04.9.2009 in ITA No.470/Mds/2009 on thefile of the Income Tax Appellate Tribunal Chennai 'D' Bench forthe assessment year 2005-06 against the order of the Income Taxofficer (Judicial) O/O the Commissioner of Income-Tax (Appeals)Salem made in ITA.No.20/07-08, dated:30/01/2009 and against theAssessment order of the Additional Commissioner of Income-Tax,Range-I, Salem dt:15/02/2007 made in PAN/GI.No.AAACD7410.
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.
4. In the light of the above, the appeal is dismissed aswithdrawn and the substantial question of law framed is leftopen. In the event the tax effect is above the threshold limitfixed in the said circular, liberty is granted to the Revenue to
https://hcservices.ecourts.gov.in/hcservices/
make a mention to this Court to restore the appeal to be heardand decided on merits.
Sd/- Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
To
1.The Income Tax Appellate Tribunal, Chennai 'D' Bench.2.The Additional Commissioner of Income Tax,Range-I, Salem.TCA.No.475 of 2010CP(CO)GSP(27/11/2018)
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