Madras High Court
The Commissioner Of Income Tax vs M/S.Q Max Tek Equipments Pvt. Ltd on 17 August, 2022
T.C.A.No.406 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 17.08.2022
CORAM
THE HON'BLE Mr. JUSTICE R. MAHADEVAN
AND
THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ
Tax Case Appeal No.406 of 2014
The Commissioner of Income Tax
Chennai .. Appellant
Vs.
M/s.Q Max Tek Equipments Pvt. Ltd.
6 Elcot Avenue, IT Highway
Sholinganallur
Chennai 600 119 .. Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961
against the order dated 05.07.2013 passed by the Income Tax Appellate
Tribunal, 'C' Bench, Chennai, in I.T.A.No.586/Mds/2012.
For Appellant : Mr.M.Swaminathan
Mrs.V.Pushpa
Standing Counsels
For Respondent : Mr.T.N.Seetharaman
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T.C.A.No.406 of 2014
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 05.07.2013 passed by the Income
Tax Appellate Tribunal, 'C' Bench, Chennai, in I.T.A.No.586/Mds/2012,
relating to the assessment year 2004-05.
2. By order dated 12.11.2014, this Court admitted the aforesaid tax case
appeal on the following substantial questions of law :
“1. Whether under the circumstances of the case, the
Income Tax Appellate Tribunal was right in quashing the
reasssessment proceedings initiated by the revenue, holding that
there is no failure on the part of the assessee to disclose fully and
truly material facts necessary for the assessment during the
original assessment?
2. Whether based on the material available before it, the
Income Tax Appellate Tribunal could have arrived at a
conclusion that there is no failure on the part of the assessee to
disclose fully and truly material facts necessary for the
assessment during the original assessment?”
3. When the matter was taken up for consideration, the learned counsel
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T.C.A.No.406 of 2014
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 appeal 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
Internet : Yes
gya
R. MAHADEVAN, J.
AND
https://www.mhc.tn.gov.in/judis
T.C.A.No.406 of 2014
MOHAMMED SHAFFIQ, J.
gya
To
1.The Commissioner of Income Tax
Chennai
2.The Assistant Commissioner of Income Tax
Company Circle-V(2)
Chennai
3.The Commissioner of Income Tax (Appeals)-V
Chennai
4.The Income Tax Appellate Tribunal
'C' Bench, Chennai Tax Case Appeal No.406 of 2014
17.08.2022
https://www.mhc.tn.gov.in/judis
