Commissioner Of Income Tax vs M/S. Sunshine Enterprises
2021 Latest Caselaw 25354 Mad

                                                                                        T.C.A. No. 575 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 23.12.2021

                                                          CORAM :

                                   THE HON'BLE MR. JUSTICE R. MAHADEVAN
                                                           AND
                              THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ

                                                   T.C.A. No. 575 of 2021

                Commissioner of Income Tax
                Chennai.                                                                ... Appellant


                                                            Vs.


                M/s. Sunshine Enterprises,
                Chennai.                                                              ... Respondent


                          Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961
                against the order dated 12.09.2001 passed by the Income Tax Appellate
                Tribunal, Madras “B” Bench, in I.T.A. No. 2103/Mds/1993 for the assessment
                year 1991-92.




                                   For Appellant      :     Mrs. V.Pushpa
                                                            Junior Standing Counsel




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                                                                                       T.C.A. No. 575 of 2021




                                                    JUDGMENT

(Judgment was delivered by R. MAHADEVAN, J.)

This tax case appeal has been filed by the appellant / Revenue, calling in

question the correctness of the order dated 12.09.2001 passed by the Income

Tax Appellate Tribunal, 'B' Bench, Chennai, in I.T.A. No. 2103/Mds/1993,

relating to the assessment year 1991-92, by raising the following substantial

questions of law:-

(i) Whether in the facts and circumstances of the case, the

Tribunal was right in holding that the benefit of 80HHC is

available to the assessee on the export of granite?

(ii) Whether in the facts and circumstances of the case, the

Tribunal had enough material to come to the conclusion that the

assessee was eligble for the benefit of 80HHC on the export of

granites, when such a benefit was available only for cut and

polished granite?”

2. 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,

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

T.C.A. No. 575 of 2021

wherein, it is stipulated that appeals 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.

3. 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.]
                                                                            23.12.2021

                Internet : Yes
                Index : Yes / No

                Maya

                To

                1. The Commissioner of Income Tax
                   Chennai.

2. The Income Tax Appellate Tribunal, Chennai 'B' Bench.

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

T.C.A. No. 575 of 2021

R. MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

Maya

Tax Case Appeal No. 575 of 2021

Dated : 23.12.2021

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