The Pr. Commissioner of Income Tax - 4 vs. Pallava Resorts Private Limited

TCA/219/2024HC Madras04 October 2024Bench: Honourable Mr Justice R. SURESH KUMAR4 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court recorded the submission made by the learned Senior Standing Counsel for the appellant Revenue, who expressed a desire to withdraw the appeal. The Court acknowledged this request and consequently dismissed the Tax Case Appeal as withdrawn. The substantial questions of law that were raised in the appeal were explicitly kept open to be decided at a later point in time. No order as to costs was made. The judgment did not delve into the merits of any substantive tax issue.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax-4, Chennai (the Revenue) against the order of the Income Tax Appellate Tribunal ('C' Bench, Chennai) dated 22.07.2022. The appeal pertains to the assessment year 2011-12 and concerns Pallava Resorts Private Limited (the assessee). The case reached the High Court of Judicature at Madras under Section 260A of the Income Tax Act, 1961. The Revenue, through its learned Senior Standing Counsel, sought to withdraw the appeal.

What were the issues?

1. Whether the substantial questions of law raised in the appeal should be decided at this point in time. The Revenue argued that they wished to withdraw the appeal and keep the substantial questions of law open for decision at a later stage. No specific arguments were recorded for the assessee regarding this procedural request.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

T.C.A.No.219 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.10.2024 CORAM THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE C.SARAVANAN T.C.A.No.219 of 2024 The Principal Commissioner of Income Tax-4, Chennai. ... Appellant -Vs- Pallava Resorts Private Limited, No.7, 9th Floor, Rain Tree Place, McNichols Road, Chetput, Chennai - 600 031. PAN:AADCP7095C ... Respondent PRAYER : Tax Case Appeal filed under Section 260 A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal 'C' Bench, Chennai dated 22.07.2022 in I.T.A.No.700/Chny/2020 for the assessment year 2011-12. For Appellant : Mrs.V.Puspha Senior Standing Counsel For Respondent : Mr.G.Tarun for Mr.Sridhar 1/4 https://www.mhc.tn.gov.in/judis T.C.A.No.219 of 2024 J U D G M E N T (Judgment of the Court was delivered by R.SURESH KUMAR, J) The learned Senior Standing Counsel appearing for the appellant Revenue wants to withdraw this appeal and to keep the substantial questions of law raised herein to be decided at a later point of time. 2. Recording the said submission made by the learned Senior Standing Counsel appearing for the appellant, this Tax Case Appeal is dismissed as withdrawn and the substantial questions of law raised in this appeal are kept open to be decided at a later point of time. However, there shall be no order as to costs. (R.S.K., J.) (C.S.N., J.) 04.10.2024 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji 2/4 https://www.mhc.tn.gov.in/judis T.C.A.No.219 of 2024 To The Income Tax Appellate Tribunal 'C' Bench, Chennai. 3/4 https://www.mhc.tn.gov.in/judis T.C.A.No.219 of 2024 R.SURESH KUMAR, J. and C.SARAVANAN, J. vji T.C.A.No.219 of 2024 04.10.2024 4/4 https://www.mhc.tn.gov.in/judis

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