Commissioner Of Income Tax -Ii vs Shri.R.Bhaaragthwaj
2024 Latest Caselaw 20415 Mad

Madras High Court

Commissioner Of Income Tax -Ii vs Shri.R.Bhaaragthwaj on 28 October, 2024

Author: Anita Sumanth

Bench: Anita Sumanth

    2024:MHC:3669


                                                                                  TC.(A)No.438 of 2011


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 28.10.2024

                                                       CORAM :

                                   THE HONOURABLE DR.JUSTICE ANITA SUMANTH
                                                     and
                                  THE HONOURABLE MR.JUSTICE G. ARUL MURUGAN

                                                 TC(A).No.438 of 2011

                     Commissioner of Income Tax -II
                     Madurai                                      .. Appellant

                                                          vs

                     Shri.R.Bhaaragthwaj
                     39, Harvey Nagar II Street,
                     Arasaradi, Madurai – 625 016.                .. Respondent

                     PRAYER: APPEAL filed under Section 260A of the Income Tax Act,
                     1961 against order dated 07.04.2011 passed in I.T.A.No.166/Mds/2011
                     for the Assessment Year 2007-08 on the file of the Income Tax Appellate
                     Tribunal, Madras 'A' Bench, Chennai.


                                      For Appellant    : Mr.J.Narayanasamy
                                                        Senior Standing Counsel

                                      For Respondent   : Mr.R.Sivaraman




                                                                   DR. ANITA SUMANTH,J.
https://www.mhc.tn.gov.in/judis
                     1
                                                                                     TC.(A)No.438 of 2011


                                                                                       and
                                                                         G. ARUL MURUGAN.,J

                                                      JUDGMENT

(Judgment of the court was delivered by Dr.ANITA SUMANTH.,J) The challenge in this appeal is to an order dated 07.04.2011 passed

in I.T.A.No.166/Mds/2011 for the Assessment Year 2007-08.

2. Mr.J.Narayanasamy, learned Senior Standing Counsel appearing

for the Income Tax Department draws attention to an order passed on

10.01.2011 for Assessment Year 2007-08 under Section 263 of the

Income Tax Act, 1971 where penalty has been quantified at a sum of

Rs.1,78,20,561/-. However, on account of low tax effect per Circular

bearing No.9 of 2024 dated 17.09.2024, he does not wish to pursue this

appeal and seeks withdrawal of the same.

3. Hence, keeping the questions of law alive for determination in

an appropriate case, this appeal is dismissed as withdrawn. No costs.

[A.S.M., J] [G.A.M., J] 28.10.2024 Index:Yes/No Speaking order Neutral Citation:Yes sl

https://www.mhc.tn.gov.in/judis