1 Tax C.M.P.No. 22 of 2011 IN T.C.A.No. 760 of 2005 DR.VINEET KOTHARI, J. AND C.V.KARTHIKEYAN, J. Mr.T.R.Senthilkumar, learned Senior Standing Counsel appearing for the Revenue submits that T.C.A.No. 760 of 2005 CIT Vs. M/s. Sakthi Sugars Limited., stood dismissed by the Division Bench of this Court on 30.11.2009 for not filing the necessary batta (process fees). Thereafter, C.M.P.No. 22 of 2011 was filed in the said T.C.A., by the Income Tax Department on 03.01.2011 seeking restoration of the said Appeal. However, no order on that restoration petition has been passed so far. 2. The learned Senior Standing Counsel for the Revenue does not press the Civil Miscellaneous Petition and submits that the issue involved in this Appeal itself is now covered by the decision of the Hon'ble Supreme Court in the case of CIT Vs. Bannari Amman Sugars Limited., reported in 349 ITR 708 (SC). This is a low tax Appeal of the year 2005 in which the restoration Petition was filed in the year 2011 and thereafter also seven years have passed by. http://www.judis.nic.in 2 DR.VINEET KOTHARI, J. AND C.V.KARTHIKEYAN, J. vsg 3. In view of the aforesaid statement made by the learned counsel for the Appellant/Revenue, C.M.P.No. 22 of 2011 is dismissed. T.C.A.No. 760 of 2005 had already stood dismissed on 30.11.2009. (V.K.,J.) (C.V.K.,J.) Vsg 25-03-2019 Tax C.M.P.No. 22 of 2011 IN T.C.A.No. 760 of 2005 http://www.judis.nic.in