Deputy Commissioner Of Income Tax vs M/S.Kugel Developers Pvt Ltd
2024 Latest Caselaw 19791 Mad

Madras High Court

Deputy Commissioner Of Income Tax vs M/S.Kugel Developers Pvt Ltd on 21 October, 2024

Bench: R.Suresh Kumar, C.Saravanan

                                                                                    T.C.A.No.257 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED: 21.10.2024

                                                        CORAM

                                    THE HON'BLE MR.JUSTICE R.SURESH KUMAR
                                                     AND
                                     THE HON'BLE MR.JUSTICE C.SARAVANAN

                                           Tax Case Appeal No.257 of 2024


                   Deputy Commissioner of Income Tax
                   Company Circle -II(4) Chennai 600034.                   ....    Appellant

                                                           Vs.

                   M/s.Kugel Developers Pvt Ltd
                   Times Partner. No.58, Perambur Barracks
                   Road, Vepery, Chennai 600 007.                     ....   Respondent
                                                       -----
                         Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961
                   against the order of the Income Tax Appellate Tribunal, 'B' Bench Chennai,
                   dated 28.10.2022 made in I.T.A.No.348/Chny/2019.
                                   For Appellant       : Mrs.V.Pushpa
                                                         Senior Standing Counsel

                                   For Respondent      : Mr.Rajiv Saxena

                                                          -----

                                                    JUDGMENT

(Delivered by R.SURESH KUMAR, J.)

This Tax Case Appeal has been filed by the Revenue calling in question

the correctness of the order passed by the Income Tax Appellate Tribunal,

Chennai by raising the following substantial questions of law:

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

"(i) Whether on the facts and in the circumstances of the case

the Tribunal is correct in deleting 92% of the additions to Total

Income and granting substantial relief, when the execution of

the contract and expenditure claimed to have been incurred

thereof stands unsubstantiated?

(ii) Whether on the facts and in the circumstances of the case

and law, the Hon'ble Tribunal is correct in shifting the burden

of proof upon the Department against the settled proposition

of law which casts a duty upon the assessee to prove all

expenditure claimed by it and when the Assessee has not even

produced any prima facie evidence or shifted the burden?

2. It is brought to our notice by the learned Standing Counsel for the

appellant Revenue that in the instant case, as per the CBDT's Circular No.9 of

2024 dated 17.09.2024 the tax effect is said to be less than the monetary limit

imposed and therefore, the appeal can be disposed of, keeping the substantial

questions of law raised in this appeal open for adjudication at a later point of

time.

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

3. Recording the aforesaid submission made by the learned Standing

Counsel for the appellant Revenue, this Tax Case Appeal is dismissed for low

tax effect, keeping open the substantial questions of law for adjudication at

appropriate stage. No costs.

                                                                   (R.S.K.,J.)    (C.S.N.,J.)
                                                                         21.10.2024
                   NCS : Yes/No
                   KST

                   To

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

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

R.SURESH KUMAR, J.

AND C.SARAVANAN, J.

KST

21.10.2024

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