The Commissioner Of Income Tax vs M/S.Indian Bank
2021 Latest Caselaw 20946 Mad

                                                    T.C.A.Nos.503 to 506 of 2016

           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                           DATED: 20.10.2021

                                   CORAM

      THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
                                    and
        THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY


                     T.C.A.Nos.503 to 506 of 2016


The Commissioner of Income Tax,
Chennai.                                   .. Appellant in all T.C.As.

                                    vs.

M/s.Indian Bank,
254-260 Avvai Shanmugam Salai,
Chennai – 600 014.                         .. Respondent in all T.C.As.


Common Prayer: Tax Case Appeals filed under Section 260-A of the
Income Tax Act, 1961 against the order passed by the Income Tax
Appellate Tribunal made in M.P.Nos.137, 138, 139 & 140/Mds/2012 in
I.T.A.Nos.470 to 472/Mds/2010 & I.T.A.No.08/Mds/2007 relating to the
Assessment year 2004-05, 2005-06, 2006-07 & 2003-04, respectively.


          For Appellant        :   Mr.Karthik Ranganathan
          in all T.C.As.

          For Respondent       :   Mr.G.Baskar
          in all T.C.As.




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                                                       T.C.A.Nos.503 to 506 of 2016



                         COMMON JUDGMENT

            (delivered by PUSHPA SATHYANARAYANA, J.)


          These appeals are directed against the order passed by the

Income Tax Appellate Tribunal 'D' Bench, Chennai in M.P.Nos.137, 138,

139   &   140/Mds/2012       in   I.T.A.Nos.470   to   472/Mds/2010          and

I.T.A.No.08/Mds/2007 relating to the Assessment year 2004-05, 2005-

06, 2006-07 & 2003-04, respectively.



          2. The Revenue had filed those Miscellaneous Petitions to

consider the amendment in Section 115JB(2) of the Income Tax Act,

1961, which was brought into statute by the Finance Act, 2012. The

said applications were dismissed by the Tribunal stating that the

amendment, which was introduced in Section 115JB of the said Act, has

the effect only prospectively from the Assessment Year 2013-14 and

not earlier and the Tribunal had rightly applied the law as on that date

and dismissed the applications.



          3. It is now stated by the appellant/Revenue that the main

I.T.As. were also disposed of and the appeals against the same

preferred by the Revenue in T.C.A.Nos.323, 324, 325 & 327 of 2016

are also ripe for hearing.

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                                                     T.C.A.Nos.503 to 506 of 2016




         4. As these appeals are arising out of the orders passed in the

Miscellaneous Petitions and the question involved is the applicability of

Section 115JB(2) of Income Tax Act, 1961, we are of the view that the

appellant/Revenue may be given liberty to agitate this issue when the

main appeals are taken up for hearing.



         5. With the said liberty, these Tax Case Appeals are disposed

of. No costs.




                                          [P.S.N., J.]           [K.R., J.]
                                                    20.10.2021
rsi


To

1.The Commissioner of Income Tax,
  Chennai.

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




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                 T.C.A.Nos.503 to 506 of 2016



      PUSHPA SATHYANARAYANA, J.

and KRISHNAN RAMASAMY, J.

rsi

T.C.A.Nos.503 to 506 of 2016

20.10.2021