COMMISSION OF INCOME TAX IV vs. SHRI.K.PANDIARAJAN

PDF · subscribers
TCA/1133/2015HC Madras01 October 2024Bench: Honourable Mr Justice R. SURESH KUMAR4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted the submission made by the learned Standing Counsel for the Revenue regarding the low tax effect in the instant case, which was below the monetary limit. Recording this submission, the High Court dismissed the Tax Case Appeal. The court explicitly stated that the substantial questions of law raised in the appeal were kept open for adjudication at an appropriate stage. No costs were awarded. The judgment did not provide any findings or reasoning on the merits of the substantial questions of law, as the appeal was disposed of on a procedural ground.

What were the facts?

The Revenue, Commissioner of Income Tax IV, filed a Tax Case Appeal under Section 260A of the Income Tax Act, 1961, challenging an order passed by the Income Tax Appellate Tribunal, Chennai. The appeal was admitted on two substantial questions of law. However, the learned Standing Counsel for the Revenue brought to the court's notice that the tax effect in the instant case was below the monetary limit prescribed for filing appeals. Consequently, the Revenue requested that the appeal be disposed of without adjudicating the substantial questions of law, keeping them open for future consideration.

What were the issues?

1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the order passed under Section 263 of the Income Tax Act, 1961, is not valid? 2. Whether, on the facts and circumstances of the case, the appellate Tribunal was correct in deleting penalty on the ground that the assessee's tax case appeal being admitted by this Court would give rise to the presumption that the issue is debatable? Assessee's Contentions: Not recorded in the judgment. Revenue's Contentions: The Revenue argued that the appeal should be dismissed due to low tax effect, requesting that the substantial questions of law be kept open for future adjudication.

Which sections of the Income-tax Act were involved?

Section 260A,Section 263

AI-generated summary — verify with the full judgment below

T.C.A.No.1133 of 2015 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.10.2024 CORAM THE HON'BLE MR.JUSTICE R.SURESH KUMAR AND THE HON'BLE MR.JUSTICE C.SARAVANAN Tax Case Appeal No.1133 of 2015 The Commissioner of Income Tax IV No.121, Mahatma Gandhi Road Chennai 600 034. ... Appellant Vs. Shri K.Pandiarajan ... Respondent ----- Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras 'A' Bench, Chennai, dated 12.06.2015 made in ITA No.54/Mds/2015. For Appellant : Mrs.V.Pushpa Senior Standing Counsel J U D G M E N T (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, 'C' Bench, Chennai and the appeal was admitted on the following substantial question of law: https://www.mhc.tn.gov.in/judis T.C.A.No.1133 of 2015 "(i) Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the order passed u/s.263 is not valid? (ii) Whether on facts and circumstances of the case, the appellate Tribunal was correct in deleting penalty on the ground that assessee's tax case appeal is admitted by this Court would give rise to the presumption that the issue is debatable?" 2. It is brought to our notice by the learned Standing Counsel for the appellant Revenue that in the instant case, the tax effect is said to be less than the monetary limit imposed and therefore, the appeal filed by the Revenue can be disposed of, keeping the substantial questions of law raised in this appeal open for adjudication at a later point of time. 3. Recording the said submission, 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.) 01.10.2024 NCS : Yes/No Index : Yes/No KST https://www.mhc.tn.gov.in/judis T.C.A.No.1133 of 2015 To The Income Tax Appellate Tribunal 'A' Bench, Chennai. https://www.mhc.tn.gov.in/judis T.C.A.No.1133 of 2015 R.SURESH KUMAR, J. AND C.SARAVANAN, J. KST T.C.A.No.1133 of 2015 01.10.2024 https://www.mhc.tn.gov.in/judis

More judgments on Section 263

All 13,616 judgments and leading authorities on Section 263 →

Latest GST High Court judgments

Search GST case law →