THE COMMISSIONER OF INCOME vs. M/S.ALTOS ADVISORY SERVICES

T.C.A.No.1153 of 2015 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.08.2022 CORAM : THE HON'BLE MR. JUSTICE R. MAHADEVAN AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ T.C.A.No.1153 of 2015 The Commissioner of Income Tax, Chennai. ... Appellant Versus M/s.Altos Advisory Services Limited, 29/20, Karpagambal Nagar, IInd Floor, Mylapore, Chennai - 600 004. ... Respondent Appeal preferred under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal, Madras “D” Bench, dated 05.06.2012 in I.TA.No.1092/Mds/2011. For Appellant : Mr.T.Ravikumar Senior Standing Counsel Page 1/4 https://www.mhc.tn.gov.in/judis T.C.A.No.1153 of 2015 J U D G M E N T (Judgment was delivered by R.MAHADEVAN, J.) This tax case appeal has been filed by the appellant / Revenue, challenging the order dated 05.06.2012 passed by the Income Tax Appellate Tribunal, Madras 'D' Bench, in I.T.A.No.1092/Mds/2011, relating to the assessment year 2006-07. 2. By order dated 08.12.2015, this court admitted the aforesaid tax case appeal on the following substantial questions of law: " (i) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the disallowance made under Section 40(a)(ia) in respect of failure to deduct TDS on consultancy charges for the AY 2005-06 is not proper? (ii) Is not the finding of the Tribunal bad since the word 'payable' includes the word "paid" for the purpose of Section 40 (a)(ia)?” 3. When the matter was taken up for consideration, the learned counsel for the appellant / Revenue brought to the notice of this court the Circular No.17/2019 dated 08.08.2019 issued by the Central Board Direct Taxes, Page 2/4 https://www.mhc.tn.gov.in/judis T.C.A.No.1153 of 2015 wherein, it is stipulated that appeal shall not be filed/pursued by the Department before the High Court in cases where the tax effect does not exceed Rs.1,00,00,000/- (Rupees One Crore). It is also submitted that the tax effect in this appeal is less than the threshold limit. 4. In the light of the aforesaid submissions made by the learned counsel for the appellant / Revenue, the present appeal, wherein, the tax effect is said to be less than the monetary limit imposed, is dismissed as withdrawn, keeping open the substantial questions of law for determination in an appropriate case. No costs. (R.M.D., J.) (M.S.Q., J.) 24.08.2022 r n s

Internet : Yes.

Index : Yes / No. Page 3/4 https://www.mhc.tn.gov.in/judis T.C.A.No.1153 of 2015 R. MAHADEVAN, J. and MOHAMMED SHAFFIQ, J. r n s To 1. The Income Tax Appellate Tribunal 'D' Bench, Chennai. 2. The Commissioner of Income Tax, (Appeals)-III, 121, Mahatma Gandhi Road, Nungambakkam. 3. The Assistant Commissioner of Income Tax, Company Circle (1), Chennai. T.C.A.No.1153 of 2015 24.08.2022 Page 4/4 https://www.mhc.tn.gov.in/judis