The Commissioner Of Income Tax vs M/S.Aqua Omega Services Pvt. Ltd
2022 Latest Caselaw 14616 Mad

                                                                                       TCA.No.523 of 2013


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 17.08.2022

                                                        CORAM

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

                                                 T.C.A.No. 523 of 2013


                The Commissioner of Income Tax,
                Chennai                                                           ..      Appellant
                                                        Versus

                M/s.Aqua Omega Services Pvt. Ltd.,
                No.6, Valliammal Road,
                1st Floor, Vepery,
                Chennai 600 007                                                                        ..
                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 “A”
                Bench, Chennai, dated 10.01.2013 passed in             I.T.A.No.1648/Mds/2012 in
                respect of assessment year 2008-09.


                                        For Appellant   :    Mr. T. Ravikumar
                                                             Standing Counsel




                1/4

https://www.mhc.tn.gov.in/judis
                                                                                           TCA.No.523 of 2013




                                                         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 10.01.2013 passed by the

Income Tax Appellate Tribunal Madras “A” Bench, Chennai in

I.T.A.No.1648/Mds/2012 for the assessment year 2008-09.

2. On 06.03.2014, this tax case appeal was admitted by this Court on the

following substantial questions of law;

' 1. Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the Section 40(a)(i) is not attracted?

2. Whether the finding of the Tribunal is proper especially after the insertion of the explanation to Section 9 by Finance Act, 2009 with retrospective effect from 01.06.1976 where the services rendered to technicians engaged outside India are to be treated as deemed income and are taxable?”

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,

https://www.mhc.tn.gov.in/judis TCA.No.523 of 2013

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.

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.]
                                                                            17.08.2022
                msr
                Index        : Yes / No

                To

1. The Asst. Commissioner of Income Tax, Company Circle I(2), Chennai.

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

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

https://www.mhc.tn.gov.in/judis TCA.No.523 of 2013

R. MAHADEVAN, J.

and MOHAMMED SHAFFIQ, J.

msr

T.C.A.No. 523 of 2013

17.08.2022

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