Commissioner Of Income Tax vs M/S.Council For Leather Exports
2024 Latest Caselaw 20137 Mad

Madras High Court

Commissioner Of Income Tax vs M/S.Council For Leather Exports on 24 October, 2024

Author: R. Suresh Kumar

Bench: R. Suresh Kumar, C. Saravanan

                                                                                 T.C.A.Nos. 526 & 530 of 2021



                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 24.10.2024

                                                    CORAM :
                                    THE HONOURABLE MR.JUSTICE R. SURESH KUMAR
                                                       AND
                                     THE HONOURABLE MR.JUSTICE C. SARAVANAN

                                               T.C.A.Nos. 526 & 530 of 2021

                     Commissioner of Income Tax
                     Chennai.                                       ..      Appellant in both TCAs

                                                              Vs.

                     M/s.Council for leather Exports
                     CMDA Tower II 3rd Floor
                     Gandhi Irwin Bridge Road
                     Egmore Chennai 600 008
                     PAN AAACC 4697 G.                              ..      Respondent in both TCAs

                     Prayer in T.C.A.No.526 of 2021: Appeal filed under Section 260A of
                     the Income Tax Act, 1961, against the order of the Income Tax
                     Appellate         Tribunal,   Madras     "A"        Bench     dated   28.05.2020     in
                     I.T.A.No.1401/Chny/2019; and


                     Prayer in T.C.A.No.530 of 2021: Appeal filed under Section 260A of
                     the Income Tax Act, 1961, against the order of the Income Tax
                     Appellate         Tribunal,   Madras     "A"        Bench     dated   28.05.2020     in
                     I.T.A.No.1399/Chny/2019.


                                  For the Appellant                      Ms.V.Pushpa
                                  in both TCAs            :         Senior Standing Counsel

                         For the Respondents                        Mr.R.Venkatanaryanan for
                         in both TCAs                     :         Mr.Subbaraya                        Iyer
                     Padmanabhan

https://www.mhc.tn.gov.in/judis
                     Page 1 of 3
                                                                     T.C.A.Nos. 526 & 530 of 2021



                                                   COMMON JUDGMENT

(Order of the Court was made by R.SURESH KUMAR, J.) Both these Tax Case Appeals were admitted by this Court on

29.11.2021 on the following substantial question of law:-

“Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee which has an object to promote and support the leather business industry, is not for profit, but to do charity through advancement of object of general public utility and the assessee is existing for charitable purpose as per Section 2(15) of the Act and consequently is entitled for exemption u/s. 10(23C)(iv) of the Act?”

2. It is submitted by Ms.V.Pushpa, learned Senior Standing

Counsel appearing for the appellant Revenue that all these Tax

Case Appeals are covered under the Low Tax Effect as per the

recent Circular dated 17.09.2024, in Circular No.9/2024.

3. Recording the same, these appeals stand dismissed as Low

Tax Effect. The questions of law raised in these appeals are kept

open to be decided at the later point of time. There shall be no

order as to costs. Consequently, C.M.P.No.18933 of 2021 is closed.

                                                              (R.S.K., J.)          (C.S.N, J)
                                                                          24.10.2024
                     Neutral Citation:Yes/No
                     drm

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

T.C.A.Nos. 526 & 530 of 2021

R. SURESH KUMAR, J.

AND C. SARAVANAN, J.

(drm)

T.C.A.Nos. 526 & 530 of 2021

24.10.2024

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