M/S. Gem Enterprises vs The Income Tax Officer
2022 Latest Caselaw 581 Mad

                                                                                    T.C.A. No. 1314 of 2009

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 10.01.2022

                                                         CORAM :

                                    THE HON'BLE MR. JUSTICE R. MAHADEVAN
                                                      and
                                  THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ

                                                T.C.A. No. 1314 of 2009
                  M/s. Gem Enterprises
                  Cissons Complex
                  No.150, Montieth Road
                  Egmore, Chennai – 600 008.                                          .. Appellant

                                                          Versus
                  The Income Tax Officer
                  Business Ward-VI(2)
                  Chennai – 600 034.                                                  .. 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 'D' Bench,
                  Chennai dated 12.12.2008 passed in I.T.A. No. 456/Mds/2008 for the
                  Assessment Year 2004-05.
                            For Appellant            :     Mr. P.M.Kathir
                                                           For M/s. Philip George

                            For Respondent           :     Mr. T.Ravikumar
                                                           Senior Standing Counsel

                                                     JUDGMENT

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

Heard both sides and perused the materials placed on record. https://www.mhc.tn.gov.in/judis

T.C.A. No. 1314 of 2009

2.This tax case appeal is filed by the appellant/assessee, assailing the

order dated 12.12.2008 passed in ITA No.456/Mds/2008 by the Income Tax

Appellate Tribunal, 'D' Bench, Chennai relating to the Assessment

Year 2004-05.

3.On 30.11.2009, the aforesaid appeal was admitted on the following

substantial question of law:-

“Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in law in holding that the entire expenditure incurred in cash must be disallowed as per Section 40A(3) of the Income Tax Act, 1961, unless it falls under the proviso to the Section ?”

4.When this appeal is taken up for consideration, the learned counsel for

the appellant / assessee fairly submitted that the relief sought in this appeal has

become infructuous, since the order-in-original dated 12.12.2008 which is

impugned herein, was recalled for fresh adjudication by order dated

19.03.2010.

5.Recording the same, this tax case appeal is dismissed as having

become infructuous. No costs.

                                                                        [R.M.D., J.]  [M.S.Q., J.]
                                                                               10.01.2022
                  Index           : Yes / No
                  Maya

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

T.C.A. No. 1314 of 2009

To

1. The Income Tax Appellate Tribunal Chennai 'D' Bench.

2. The Income Tax Officer Business Ward-VI(2) Chennai – 600 034.

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

T.C.A. No. 1314 of 2009

R. MAHADEVAN, J and MOHAMMED SHAFFIQ, J

Maya

T.C.A. No. 1314 of 2009

Dated : 10.01.2022 https://www.mhc.tn.gov.in/judis