The Commissioner Of Income Tax vs M/S.Cooper Standard Automotive ...
2022 Latest Caselaw 14517 Mad

                                                                                                    TCA.No.865 of 2017


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 16.08.2022

                                                           CORAM

                                  THE HONOURABLE MR. JUSTICE R. MAHADEVAN
                                                               and
                         THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ

                                                    T.C.A.No. 865 of 2017


                The Commissioner of Income Tax,
                Chennai                                                                   ..           Appellant
                                                           Versus

                M/s.Cooper Standard Automotive India
                Pvt. Ltd.,
                3-A, Ford Supplier Park,
                Kilakaram Village, Melrosapuram Post,
                Singaperumal Koil,
                Chengalattu 603 204.                                                      .. Respondent

                          Tax Case Appeal filed under Section 260-A of the Income Tax Act,
                1961 against the order of the Income Tax Appellate Tribunal Madras “B”
                Bench,             dated    12.05.2017         passed   in   M.P.No.308        of      2016        in
                I.T.A.No.794/Mds/2016 in respect of assessment year 2005-06.


                                           For Appellant   :     Mr. T. Ravikumar
                                                                 Standing Counsel

                                           For Respondent : No appearance

                1/4

https://www.mhc.tn.gov.in/judis
                                                                                        TCA.No.865 of 2017


                                                     JUDGMENT

(Judgment of the Court was delivered by R. MAHADEVAN, J.)

This Tax Case Appeal has been filed by the appellant / revenue,

questioning the correctness of the order dated 12.5.2017 passed by the Income

Tax Appellate Tribunal Madras “B” Bench, Chennai, in M.P.No.308 of 2016

in I.T.A.No.794/Mds/2016 for the assessment year 2005-06.

2. On 14.09.2020, this tax case appeal was admitted by this Court on the

following substantial question of law;

' Whether the Tribunal was right in recalling the order passed under section 254(2) when the original order dated 22.7.2016 was one passed on merits and therefore recalling the same would tantamount to reviewing the order which power was not vested in the Tribunal?”

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 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

https://www.mhc.tn.gov.in/judis TCA.No.865 of 2017

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 question of law for determination in an appropriate case.

No costs.

                                                                     [R.M.D,J.]            [M.S.Q.,
                J.]
                                                                            16.08.2022
                msr
                Index        : Yes / No

                To

1. The Asst. Commissioner of Income Tax, Company Circle I(3), Chennai.

2. Commissioner of Income Tax (Appeals) 1, Chennai-34.

3. The Income Tax Appellate Tribunal Madras “B” Bench, Chennai

https://www.mhc.tn.gov.in/judis TCA.No.865 of 2017

R. MAHADEVAN, J.

and MOHAMMED SHAFFIQ, J.

msr

T.C.A.No. 865 of 2017

16.08.2022

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