Madras High Court
Commissioner Of Income-Tax vs M/S. Best & Crompton Engineering ... on 16 August, 2022
TCA.Nos.267 to 271 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.Nos. 267 to 271 of 2017 &
CMP.Nos.8412, 8413, 8414 & 8415 of 2017
Commissioner of Income-Tax,
Chennai .. Appellant in all appeals
Versus
M/s. Best & Crompton Engineering Projects Ltd.,
Parsn Complex, A Wing, 9th Floor,
602 Anna Salai, Chennai – 600 034.
PAN AABCB 5248H .. Respondent in all appeals
Tax Case Appeals filed under Section 260A of the Income Tax Act,
1961 against the order of the Income Tax Appellate Tribunal, Madras “D”
Bench, Chennai, dated 27.07.2016 passed in respective ITA.Nos.726,727,
728, 729 and 730/Mds/2015 for the respective assessment years 2006-07,
2007-08, 2008-09, 2009-10 & 2010-2011.
For Appellant in all cases : Mr. T. Ravi Kumar,
Standing counsel
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TCA.Nos.267 to 271 of 2017
For Respondent in all cases : No appearance
COMMON JUDGMENT
(Judgment of the Court was delivered by R. MAHADEVAN, J.)
These Tax Case Appeals have been filed by the appellant / revenue,
questioning the correctness of the order dated 27.07.2016 passed by the
IIncome Tax Appellate Tribunal, Madras “D” Bench, Chennai, in respective
ITA.Nos.726,727, 728, 729 and 730/Mds/2015 for the respective assessment
years 2006-07, 2007-08, 2008-09, 2009-10 & 2010-2011 on the following
substantial questions of law;
'1. Whether on the facts and in the circumstances of
the case, the Tribunal was right in holding that the claim of
depreciation on pre qualification rights and technical know
how is to be allowed?
2. Is not the finding of the Tribunal bad especially
when as per Explanation (vi) to Section 43(1) of the Income
Tax Act wherein the cost in the hands of the Transferee
Company shall be the same as in the hands of the
Transferor Company?”
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TCA.Nos.267 to 271 of 2017
2. When the matters were 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
these appeals are less than the threshold limit.
3. In the light of the aforesaid submissions made by the learned counsel
for the appellant / Revenue, the present appeals, wherein, the tax effect is said
to be less than the monetary limit imposed, are dismissed as withdrawn,
keeping open the substantial questions of law for determination in appropriate
cases. No costs. Consequently, the connected miscellaneous petitions are
closed.
[R.M.D,J.] [M.S.Q., J.]
16.08.2022
msr
Index : Yes / No
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TCA.Nos.267 to 271 of 2017
R. MAHADEVAN, J.
and
MOHAMMED SHAFFIQ, J.
msr
To
1. The Assistant Commissioner of Income Tax,
Corporate Circle I(3), Chennai-34.
2. The Commissioner of Income Tax (Appeals)-1
Chennai-34
3. The Income Tax Appellate Tribunal 'D' Bench,
Chennai.
4. Commissioner of Income-Tax,
Chennai.
T.C.A.Nos. 267 to 271 of 2017 &
CMP.Nos.8412, 8413, 8414 &
8415 of 2017
16.08.2022
https://www.mhc.tn.gov.in/judis
