Commissioner Of Income Tax-I vs M/S.Arihant Foundations & ...
2021 Latest Caselaw 15586 Mad

                                                                                      TCA.No.37 of 2012


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 03.08.2021

                                                          CORAM :

                                   The Honourable Mr.Justice T.S.SIVAGNANAM
                                                        and
                           The Honourable Ms.Justice SATHI KUMAR SUKUMARA KURUP

                                             Tax Case Appeal No.37 of 2012


                     Commissioner of Income Tax-I,
                     Chennai.                                                       ...Appellant

                                                             Vs

                     M/s.Arihant Foundations & Housing Ltd.,
                     271, Poonamallee High Road,
                     Kilpauk, Chennai – 600 010.                                    ...Respondent

                             APPEAL under Section 260A of the Income Tax Act, 1961 against the
                     order dated 20.07.2011 made in ITA.No.656/Mds/2011 on the file of the
                     Income Tax Appellate Tribunal, 'C' Bench, Chennai for the assessment year
                     2004-05.
                                     For Appellant    :   Mr.T.Ravikumar
                                                          Senior Standing Counsel

                                     For Respondent :     M/s.Sriniranjani
                                                          for Mr.N.Muthukumar




                     1/4



https://www.mhc.tn.gov.in/judis/
                                                                                       TCA.No.37 of 2012


                                                      JUDGMENT

(Delivered by T.S.Sivagnanam,J)

This appeal by the revenue filed under Section 260A of the Income

Tax Act, 1961 (“the Act” for brevity), is directed against the order dated

20.07.2011 in ITA No.656/Mds/2011 on the file of the Income Tax

Appellate Tribunal Chennai 'C' Bench for the assessment year 2004-05.

2.The appeal was admitted on 27.03.2012 to decide the following

substantial questions of law:

“Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in dismissing the Revenue's appeals as infructuous without going into the reasons discussed in the assessment orders wherein it has been made clear that the Chennai Metropolitan Development Authority, which issued the Plan Permit had not issued any completion certificate to the effect hat the project was completed before 31.03.2008 which was a condition to be satisfied for being eligible for the deduction u/s. 80-1B(10)?”

https://www.mhc.tn.gov.in/judis/ TCA.No.37 of 2012

3.We have heard Mr.T.Ravikumar, learned senior standing counsel

appearing for the appellant/revenue and Mr.Sriranjani, learned counsel

appearing for the respondent/assessee.

4.The legal issue involved in the assessee's case was considered in the

assessee's own case in T.C.A.Nos.304 and 305 of 2011 and the appeals filed

by the revenue was dismissed by judgment dated 02.01.2019 on the ground

that there is no substantial question of law arisen for consideration. Further,

no distinguishing feature has been able to point out by the revenue to state

that the decision is not applicable. Hence, following the said decision, this

tax case appeal is dismissed as no substantial question of law arisen for

consideration. No costs.

(T.S.S.,J.) (S.S.K,J.) 03.08.2021 Index: Yes/No Internet:Yes/No Speaking Judgment/Non speaking Judgment cse

https://www.mhc.tn.gov.in/judis/ TCA.No.37 of 2012

T.S.SIVAGNANAM,J.

AND SATHI KUMAR SUKUMARA KURUP,J.

cse

To

The Income Tax Appellate Tribunal, 'C' Bench, Chennai.

TCA.No.37 of 2012

03.08.2021

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