THE COMMISSIONER OF INCOME TAX vs. M/S.BIOMED HITECH INDUSTIRESLD

TCA/100/2016HC Madras03 June 2025Bench: Honourable The CHIEF JUSTICE4 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that the monetary limit involved in the appeal was below the prescribed limit in Circular No.09/2024. Consequently, the Revenue's counsel, acting on instructions, sought to withdraw the appeal. The Court acknowledged that the withdrawal was based on the monetary limit and not on merits or concession of the Department's stance. The appeal was accordingly dismissed as withdrawn. No order as to costs was made. The specific findings of the ITAT or the High Court on any substantive issue are not recorded as the appeal was withdrawn.

What were the facts?

The Commissioner of Income Tax, Chennai (the Revenue) filed an appeal before the High Court of Judicature at Madras against an order of the Income Tax Appellate Tribunal, Madras “D” Bench, Chennai, dated 22.11.2012 in I.T.A.2001/Mds/2011. The assessee is M/s.Biomed Hitech Industries. The appeal was filed against the order of the ITAT. The specific assessment year(s) and the amount in dispute are not recorded in the judgment. The procedural history leading to the ITAT order is not detailed.

What were the issues?

The High Court was to decide the appeal filed by the Revenue against the order of the Income Tax Appellate Tribunal. The judgment does not explicitly frame the issues as questions of law or mixed law and fact. The Revenue's counsel stated that the appeal was being withdrawn due to the monetary limit prescribed in Circular No.09/2024 dated 17.09.2024, issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes. The counsel clarified that the withdrawal was solely based on the monetary limit and did not involve conceding the Department's stand. No arguments were recorded for the Respondent (assessee).

AI-generated summary — verify with the full judgment below

TCA No.100 of 2016 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.06.2025 CORAM THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Tax Case (Appeal) No.100 of 2016 The Commissioner of Income Tax, Chennai : Appellant versus M/s.Biomed Hitech Industries learned No.474, Old Mahabalipuram Road, Sholinganallur, Chennai 600 119 : Respondent Prayer: Appeal against the order of the Income Tax Appellate Tribunal, Madras “D” Bench, Chennai, dated 22.11.2012 in I.T.A.2001/Mds/2011. For Appellant : Mr.T.Ravikumar For Respondent

: Mr.I.Dinesh Page 1 of 4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/06/2025 08:57:10 pm ) TCA No.100 of 2016 JUDGMENT (Judgment of the Court was made by the Hon'ble Chief Justice) Mr.Ravikumar states that the monetary limit involved in this appeal is below the monetary limit prescribed in Circular No.09/2024 dated 17.09.2024, issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, Government of India. Counsel says that he has instructions, therefore, to withdraw the appeal. 2. Counsel also states that the withdrawal is only due to the monetary limit and without conceding the stand of the Department. 3. Appeal stands dismissed as withdrawn. There shall be no order as to costs. (K.R.SHRIRAM, CJ.) (SUNDER MOHAN, J.) 03.06.2025 Index : Yes/No Neutral Citation : Yes/No tar Page 2 of 4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/06/2025 08:57:10 pm ) TCA No.100 of 2016 To 1.The Commissioner of Income Tax, Chennai 2.The Income Tax Appellate Tribunal, Madras “D” Bench, Chennai Page 3 of 4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/06/2025 08:57:10 pm ) TCA No.100 of 2016 THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN

, J.

(tar) TCA No.100 of 2016 03.06.2025 Page 4 of 4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/06/2025 08:57:10 pm )

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