Madras High Court
Principal Commissioner Of Income ... vs M/S. South India Corporation Ltd on 14 June, 2022
T.C.A.Nos.849 & 850 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2022
CORAM :
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
AND
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
T.C.A.Nos.849 & 850 of 2016
and
CMP.Nos.19326 & 19327 of 2016
Principal Commissioner of Income Tax Central - I
No.108, Mahatma Gandhi Road,
Chennai 600 034. ... Appellant in both TCAs
Versus
M/s. South India Corporation Ltd.,
No.603, Rani Seethai Hall,
Anna Salai, Chennai.
PAN:AAD CS 3193 C
... Respondent in both TCAs
Appeals preferred under Section 260A of the Income Tax Act, 1961,
against the common order of the Income Tax Appellate Tribunal, Cochin
Bench, dated 17.02.2016 in I.TA.Nos.231 & 232/COCHIN/2015.
For Appellant : Mr.J.Narayanasamy
Standing Counsel in both TCAs
For Respondent : Mr.A.S.Sriram
for Mr.S.Sridhar in both TCAs
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T.C.A.Nos.849 & 850 of 2016
COMMON JUDGMENT
(Judgment of the Court was delivered by R.MAHADEVAN, J.)
These tax case appeals have been filed by the appellant / Revenue,
challenging the common order dated 17.02.2016 passed by the Income
Tax Appellate Tribunal, Cochin Bench, Chennai, in I.T.A.Nos.231 &
232/COCHIN/2015, relating to the assessment years 2010 - 11 and 2011-12.
2. By order dated 25.01.2017, this court admitted the aforesaid tax
case appeals on the following substantial question of law:
“Whether, on the facts and in the circumstances of the
case and in law, the Appellate Tribunal was correct in
remitting the issue of disallowance under section 14A of the
Income Tax Act to the file of the Assessing Officer with the
directions to re-compute the same in a specific manner which
is not in consonance with the provisions contained in Rule 8D
of the Income Tax Rules, 1962?
3.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
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T.C.A.Nos.849 & 850 of 2016
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 these appeals 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 appeals, wherein, the tax effect is said
to be less than the monetary limit imposed, are dismissed as withdrawn,
keeping open the substantial question of law for determination in appropriate
cases. Consequently, connected miscellaneous petitions are closed. No costs.
(R.M.D., J.) (M.S.Q., J.)
14.06.2022
Internet : Yes
Index : Yes / No
av
R. MAHADEVAN, J.
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T.C.A.Nos.849 & 850 of 2016
and
MOHAMMED SHAFFIQ, J.
av
To
1. The Income Tax Appellate Tribunal,
Cochin Bench, Chennai,
2. Principal Commissioner of Income Tax Central - I
No.108, Mahatma Gandhi Road,
Chennai 600 034.
3. The Deputy Commissioner of Income Tax
Central Circle 3(2),
Chennai.
T.C.A.Nos.849 & 850 of 2016
and
CMP.Nos.19326 & 19327 of 2016
14.06.2022
(2/2)
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