Madras High Court
Commissioner Of Income Tax ... vs M/S. Ramachandra Educational And on 13 December, 2021
T.C.A.No.164 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.12.2021
CORAM :
THE HON'BLE MR. JUSTICE R. MAHADEVAN
AND
THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ
T.C.A.No.164 of 2013
Commissioner of Income Tax Central I,
108, Nungambakkam High Road,
Chennai 600 034. ... Appellant
Versus
M/s. Ramachandra Educational and
Health Trust,
25 Sir C.V.Raman Road,
Alwarpet, Chennai 600 018.
PAN: AAATS2283D
... Respondent
Appeal preferred under Section 260A of the Income Tax Act, 1961,
against the order of the Income Tax Appellate Tribunal, Chennai, “A” Bench,
dated 11.10.2012 in I.TA.No.985/Mds/2012.
For Appellant : Mr.J.Narayanaswamy
For Respondent : Mr.R.Sivaraman
https://www.mhc.tn.gov.in/judis
1/4
T.C.A.No.164 of 2013
JUDGMENT
(Judgment was delivered by R.MAHADEVAN, J.)
This tax case appeal has been filed by the appellant / Revenue,
challenging the order dated 11.10.2012 passed by the Income Tax Appellate
Tribunal, Chennai 'A' Bench, in I.T.A.No.985/Mds/2012, relating to the
assessment year 2008-09.
2.By order dated 23.04.2013, this court admitted the aforesaid tax case
appeal on the following substantial questions of law:
“(i) Whether on the facts and in the circumstances of the
case, the appellate Tribunal was right in deleting the addition of
Rs.29,10,287/- whcih was invested in M/s.Egmore Benefit Fund
Ltd., which is contrary to Section 11(5) of the Income Tax Act?
(ii) Whether on the facts and in the circumstances of the
case, the Appellate Tribunal was right in deleting the addition of
Rs.96,22,500/- under Section 40(a)(i) without considering the
observations of the Authority for Advance Ruling vide its order
dated 29.05.2009 in Misc.No.03/673 of 2006 in assessee's own
case?
(iii) Whether on the facts and in the circumstances of the
case, the Appellate Tribunal was right in deleting the addition of
Rs.96,22,500/- under Section 40(a)(i) relying on the judgment of
https://www.mhc.tn.gov.in/judis
T.C.A.No.164 of 2013
the Special Bench of the Tribunal in the case of M/s.Merilyn
Shipping and Transports, which is stayed by the High Court of
Andhra Pradesh?
3.When the matter was taken up for consideration, the learned counsel
for the appellant / Revenue brought to the notice of this court the Circular
No.17/2019 dated 08.08.2019 issued by the Central Board Direct Taxes,
wherein, it is stipulated that appeal shall not be filed/pursued by the Department
before the High Court in cases where the tax effect does not exceed
Rs.1,00,00,000/- (Rupees One Crore). It is also submitted that the tax effect in
this appeal is less than the threshold limit.
4.In the light of the aforesaid submissions made by the learned counsel
for the appellant / Revenue, the present appeal, wherein, the tax effect is said to
be less than the monetary limit imposed, is dismissed as withdrawn, keeping
open the substantial questions of law for determination in an appropriate case.
No costs.
(R.M.D., J.) (M.S.Q., J.)
13.12.2021
av
Internet : Yes
Index : Yes / No
https://www.mhc.tn.gov.in/judis
T.C.A.No.164 of 2013
R. MAHADEVAN, J.
and
MOHAMMED SHAFFIQ, J.
av
To
1. The Income Tax Appellate Tribunal,
Chennai 'A' Bench,
2. Commissioner of Income Tax Central I,
108, Nungambakkam High Road,
Chennai 600 034.
T.C.A.No.164 of 2013
13.12.2021
(2/2)
https://www.mhc.tn.gov.in/judis
