COMMISSIONER OF INCOME TAX vs. M/S.THE MADURAI DISTRICT
What did the High Court hold?
The High Court, by a common judgment, dismissed the appeals as withdrawn. The Court recorded the submission made by the learned Senior Standing Counsel for the Department that the appeals were covered by Circular No.9 of 2024, which directs the withdrawal of appeals pending before the High Court where the monetary limit involved is less than Rs.2 crores. The Court granted the leave to withdraw. The judgment explicitly stated that the substantial questions of law raised in these appeals were left open to be decided in an appropriate case and that the withdrawal of these appeals would not prejudice the rights of the Department to raise such questions of law in any other appropriate case. No costs were awarded.
What were the facts?
The Commissioner of Income Tax, Madurai (the Revenue) filed two Tax Case Appeals (T.C.A.Nos.107 and 108 of 2015) before the High Court of Judicature at Madras. These appeals challenged orders passed by the Income Tax Appellate Tribunal (ITAT), Madras, 'D' Bench, Chennai, dated 02.09.2014, in ITA Nos.1715/MDS/2014 and 1716/MDS/2014. The respondent in both appeals is M/s The Madurai District Central Co-operative Bank Limited. The appeals pertain to assessment years 2009-2010 and 2010-2011. The disputed tax for AY 2009-2010 was Rs.1,50,22,050, and for AY 2010-2011, it was Rs.1,65,93,239. The appeals were filed under Section 260-A of the Income Tax Act, 1961.
What were the issues?
1. Whether the appeals filed by the Revenue are to be withdrawn in light of CBDT Circular No.9 of 2024, which mandates withdrawal of appeals where the tax effect is less than Rs.2 crores. (Question of procedure/policy) The Revenue, through its learned Senior Standing Counsel, argued that the appeals fall within the purview of CBDT Circular No.9 of 2024. Consequently, they sought leave from the Court to withdraw these appeals. The judgment does not record any specific arguments from the respondent assessee on this procedural point, nor does it detail the substantial questions of law that were originally raised before the ITAT or were intended to be raised before the High Court.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
T.C.A.Nos.107 and 108 of 2015 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04-03-2026 CORAM THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE SHAMIM AHMED T.C.A.Nos.107 and 108 of 2015 T.C.A.No.107 of 2015: The Commissioner of Income Tax, Circle-II, Madurai. … Appellant/Appellant Vs. M/s The Madurai District Central Co-operative Bank Limited, 187, North Veli Street, Madurai. PAN:AADFT2450J … Respondent/Respondent Prayer: Tax Case Appeal is filed under Section 260-A of the Income Tax Act, 1961, against the order of Income Tax Appellate Tribunal, Madras, “D” Bench, Chennai, dated 02.09.2014 in ITA No.1715/MDS/2014. For Appellant: For Respondent: Mr.V.Mahalingam, Senior Standing Counsel and Mr.P.E.R.Mangala Suvigaran, Junior Standing Counsel Mr.N.V.Balaji T.C.A.No.108 of 2015 The Commissioner of Income Tax, Circle-II, Madurai. … Appellant/Appellant Vs. M/s The Madurai District Central Co-operative Bank Limited, Page Nos.1/4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/03/2026 04:39:27 pm ) T.C.A.Nos.107 and 108 of 2015 187, North Veli Street, Madurai. PAN:AADFT2450J … Respondent/Respondent Prayer: Tax Case Appeal is filed under Section 260-A of the Income Tax Act, 1961, against the order of Income Tax Appellate Tribunal, Madras, “D” Bench, Chennai, dated 02.09.2014 in ITA No.1716/MDS/2014. For Appellant: For Respondent: Mr.V.Mahalingam, Senior Standing Counsel and Mr.P.E.R.Mangala Suvigaran, Junior Standing Counsel Mr.N.V.Balaji COMMON JUDGMENT These appeals have been filed by the Department against the respondent Society, changeling the order passed by the Income Tax Appellate Tribunal for the assessment years 2009-2010 and 2010-2011 and are now before this Court for consideration. 2. The disputed tax for the assessment years 2009-2010 is Rs.1,50,22,050/- which is the subject matter of T.C.A.No.107 of 2015. Insofar as the assessment year 2010-2011, the disputed tax amount is Rs.1,65,93,239/-. Since the Government through Central Board of Direct Taxes (CBDT) has taken a policy decision to withdraw the appeals in cases where the tax effect is less Page Nos.2/4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/03/2026 04:39:27 pm ) T.C.A.Nos.107 and 108 of 2015 than Rs.2 crores. Circular No.9 of 2024, dated 15.03.2024 been issued and as per the said Circular, all the appeals pending before the High Court where the monetary limit involved is less than Rs.2 crores are to be withdrawn. 3. The learned Senior Standing Counsel appearing for the Department submitted that the appeals under consideration are covered by Circular No.9 of 2024 and therefore, seeks leave of this Court to withdraw the appeals. 4. Recording submission, these appeals are dismissed as withdrawn. The substantial questions of law raised in these appeals are left open to be decided in an appropriate case and the withdrawal of these appeals shall not prejudice the rights of the Department to raise such question of law in any other appropriate case. No costs. (G.JAYACHANDRAN, J.) (SHAMIM AHMED, J.) 04.03.2026 Neutral Citation:Yes/No ari Page Nos.3/4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/03/2026 04:39:27 pm ) T.C.A.Nos.107 and 108 of 2015 Dr.G.JAYACHANDRAN, J. AND SHAMIM AHMED, J. ari T.C.A.Nos.107 and 108 of 2015 04-03-2026 Page Nos.4/4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/03/2026 04:39:27 pm )
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