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The Director Of Income Tax, (Exemptions), Chennai v. M/S.ganapathy Educational Trust, Chennai-24

High Court 09 Oct 2018 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
The Director Of Income Tax, (Exemptions), Chennai v. M/S.ganapathy Educational Trust, Chennai-24
Date of order
09 Oct 2018
Assessment year(s)
2009-10, 2009-2010
Outcome
Dismissed

The order — as passed by the High Court

Case summary

In The Director Of Income Tax, (Exemptions), Chennai v. M/S.ganapathy Educational Trust, Chennai-24, 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 Madras Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.19 of 2014 The Director of Income Tax, (Exemptions), Chennai...Appellant/Respondent Vs M/s.Ganapathy Educational Trust, Chennai-24....Respondent/Appellant Prayer:APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 25.6.2013 in ITA No.159/Mds/2013 on thefile of the Income Tax Appellate Tribunal Chennai 'B' Bench forthe assessment year 2009-10. against the order of the Commissioner of Income Tax (Appeals) –XII, Chennai-34. Dated 18.11.2012, made in ITA.No.577/2011-2012for the assessment year 2009-10 and against the order of theAssistant Director of Income Tax (exemption) III, Chennai dated28.12.2011 for the assessment year 2009-2010. For Appellant : Mr.Karthik RanganathanFor Respondent : Mr.R.Venkata Narayanan forM/s.Subbaroya Aiyer PadmanabhanJudgment was delivered by T.S.SIVAGNANAM,J Heard the learned counsel for the appellant. 2. This appeal by the Revenue challenges the order passedby the Income Tax Appellate Tribunal, which decided the issue infavour of the assessee. https://hcservices.ecourts.gov.in/hcservices/ 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 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. Sd/- Assistant Registrar(CS-IX)//True Copy// Sub Assistant RegistrarTo1.The Income Tax Appellate Tribunal, Chennai 'B' Bench.2. The Commissioner of Income Tax (Appeals-XII), Chennai-34.3. The Assistant Director of Income Tax (Exemption), III, Chennai.+1cc to Mr.Subbaraya Aiyar, Advocate, S.R.No. 70766TCA.No.19 of 2014MR(CO)GN(16/11/2018)
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