The Commissioner Of Income Tax vs Panasonic Cabon India Co. Ltd
2022 Latest Caselaw 14742 Mad

                                                                                T.C.A.No.555 of 2010

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED 23.08.2022

                                                        CORAM

                                    THE HON'BLE Mr. JUSTICE R. MAHADEVAN
                                                         AND
                                  THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ

                                          Tax Case Appeal No.555 of 2010
                                                      AND
                                                M.P.No.1 of 2010


                The Commissioner of Income Tax
                Chennai                                                          .. Appellant

                                                         Vs.

                Panasonic Cabon India Co. Ltd.
                Pottipatti Plaza II Floor
                77/35, Nungambakkam High Road
                Chennai 600 034                                                  .. Respondent

                          Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961
                against the order dated 10.07.2009 passed by the Income Tax Appellate
                Tribunal, 'B' Bench, Chennai, in I.T.A.No.1971/Mds/2008.


                                        For Appellant    : Mr.T.Ravikumar
                                                           Senior Standing Counsel

                                        For Respondent : Mr.R.Venkatanarayan
                                                         for M/s.Subbaraya Aiyar

https://www.mhc.tn.gov.in/judis
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                                                                                T.C.A.No.555 of 2010

                                                  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 10.07.2009 passed by the Income

Tax Appellate Tribunal, 'B' Bench, Chennai, in I.T.A.No.1971/Mds/2008,

relating to the assessment year 2002-03.

2. By order dated 12.07.2010, this Court admitted the aforesaid tax case

appeal on the following substantial question of law :

“Whether on the facts and circumstances of the case, the Tribunal was right in deleting the addition made on account of the provision for salary/wages amounting to Rs.27,83,521/-?”

3. When the matter was taken up for consideration, the learned Standing

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 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.

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

T.C.A.No.555 of 2010

4. In the light of the aforesaid submissions made by the learned Standing

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. Consequently, connected miscellaneous petition is closed.

                                                                      [R.M.D,J.]    [M.S.Q, J.]
                                                                            23.08.2022

                Internet : Yes
                gya

                To
                1.The Commissioner of Income Tax
                Chennai

2.The Deptuy Commissioner of Income Tax Company Circle V(1) Chennai

3.The Commissioner of Income Tax (Appeals)-V Chennai

4.The Income Tax Appellate Tribunal 'B' Bench, Chennai

R. MAHADEVAN, J.

AND MOHAMMED SHAFFIQ, J.

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

T.C.A.No.555 of 2010

gya

Tax Case Appeal No.555 of 2010

23.08.2022

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