THE COMMISSIONER OF INCOME TAX vs. M/S.TURBO ENERGY LTD

TCA/165/2015HC Madras13 August 2024Bench: Honourable Mr Justice R. SURESH KUMAR2 pages

AI SummaryDismissed

What did the High Court hold?

The High Court recorded the submission made by the learned Standing Counsel for the appellant Revenue that the tax effect in the instant case was below the monetary limit imposed. Consequently, the Court dismissed the Tax Case Appeal for low tax effect. 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 operative direction was to dismiss the appeal on the ground of low tax effect, without deciding the merits of the substantial questions of law.

What were the facts?

The Commissioner of Income Tax, Chennai (Revenue) filed a Tax Case Appeal under Section 260A of the Income Tax Act, 1961, against an order of the Income Tax Appellate Tribunal (ITAT), Madras 'D' Bench, Chennai, dated 17.12.2012, made in I.T.A.No.164/Mds/2012. The appeal was filed against M/s. Turbo Energy Ltd. The High Court of Judicature at Madras was hearing this appeal. The Revenue's counsel submitted that the tax effect in the instant case was below the monetary limit prescribed for filing appeals.

What were the issues?

1. Whether the appeal filed by the Revenue should be dismissed due to low tax effect, as submitted by the Revenue's counsel? (Question of procedure/administrative policy) Contentions: Assessee: No specific contentions recorded in the judgment. Revenue: The Revenue, through its learned Senior Standing Counsel, submitted that the tax effect in the instant case is less than the monetary limit imposed, and therefore, the appeal can be disposed of, keeping the substantial questions of law raised open for adjudication at a later point of time.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.08.2024 CORAM THE HON'BLE MR.JUSTICE R.SURESH KUMAR AND THE HON'BLE MR.JUSTICE C.SARAVANAN Tax Case Appeal No.165 of 2015 The Commissioner of Income Tax Chennai. ... Appellant Vs. M/s.Turbo Energy Ltd Stone Acre No.67, Chamiers Road, Chennai-28. ... Respondent Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras 'D' Bench, Chennai, dated 17.12.2012 made in I.T.A.No.164/Mds/2012. ----- For Appellant : Mrs.V.Pushpa Senior Standing Counsel For Respondent : Mr.R.Venkatanarayanan for M/s.Subbaraya Aiyer Padmanabhan J U D G M E N T (Delivered by R.SURESH KUMAR, J.) 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 https://www.mhc.tn.gov.in/judis 2 R.SURESH KUMAR, J. AND C.SARAVANAN, J. KST be disposed of, keeping the substantial questions of law raised in this appeal open for adjudication at a later point of time, 2. 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.) 13.08.2024 NCS : Yes/No Index : Yes/No KST To The Income Tax Appellate Tribunal 'D' Bench, Chennai. T.C.A.No.165 of 2015 https://www.mhc.tn.gov.in/judis

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