COMMISSIONER OF IINCOME TAX vs. M/S SHASUN PHARMACEUTICALS

TCA/235/2015HC Madras08 August 2024Bench: Honourable Mr Justice R. SURESH KUMAR2 pages

AI SummaryDismissed

What did the High Court hold?

The High Court held that the issue raised in the present Tax Appeals is covered by a previous decision of a Division Bench of the same Court, dated 07.02.2020, in T.C.A.Nos.26 to 28 of 2013, which also involved the same assessee. Consequently, the High Court recorded this finding and dismissed the present appeals in accordance with the precedent. The reasoning is that the substantial questions of law are identical to those already decided. The ratio decidendi is that if an issue is covered by a prior judgment of a coordinate bench, the subsequent appeals raising the same issue should be dismissed. The operative direction was to dismiss the appeals. No issue was expressly left undecided.

What were the facts?

The appeals were filed by the Commissioner of Income Tax, Chennai (appellant/revenue) against M/s. Shasun Pharmaceuticals Ltd. (respondent/assessee). The appeals challenge an order passed by the Income Tax Appellate Tribunal, Madras 'A' Bench, Chennai, dated 09.05.2014 in I.T.A.No.436 of 2014. The assessment years are not explicitly stated in the provided text. The procedural history involves the assessee filing an appeal before the Tribunal, which then passed an order that is now under challenge before the High Court.

What were the issues?

1. Whether the issue raised in these Tax Appeals is covered by the decision of a Division Bench of this Court dated 07.02.2020 in T.C.A.Nos.26 to 28 of 2013 (Commissioner of Income Tax -Vs- Shasun Chemicals and Drugs Ltd.), against the same assessee. The Revenue contended that the present appeals raise substantial questions of law that are identical to those decided in a previous case involving the same assessee. The Revenue relied on the High Court's decision in T.C.A.Nos.26 to 28 of 2013. The Assessee's contentions are not recorded in the provided judgment. The Tribunal's order is the subject of the appeal.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

T.C.A.Nos.235 & 236 of 2015 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.08.2024 CORAM THE HON'BLE MR.JUSTICE R.SURESH KUMAR AND THE HON'BLE MR.JUSTICE C.SARAVANAN Tax Case Appeal Nos.235 & 236 of 2015 and M.P.Nos.1 and 1 of 2015 Commissioner of Income Tax Chennai. ... Appellant Vs. M/s.Shasun Pharmaceuticals Ltd., Formerly M/s.Shasun Chemicals and Drugs Ltd., 3, Doraiswamy Road T.Nagar, Chennai 600 017. ... 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 09.05.2014 in I.T.A.No.436 of 2014. ----- For Appellant : Mr.Avinash Krishnan Ravi For Respondent : Mr.J.Balachander and Ms.K.Kavitha ---- https://www.mhc.tn.gov.in/judis T.C.A.Nos.235 & 236 of 2015 R.SURESH KUMAR, J. AND C.SARAVANAN, J. KST J U D G M E N T (Delivered by R.SURESH KUMAR,J.) The issue raised in these Tax Appeals with the substantial questions of law, is covered by the decision of a Division Bench of this Court dated 07.02.2020 in T.C.A.Nos.26 to 28 of 2013 (Commissioner of Income Tax -Vs- Shasun Chemicals and Drugs Ltd.,), against the same assessee. 2. Recording the same, these appeals are also dismissed accordingly. No costs. Consequently, connected miscellaneous petitions are closed. (R.S.K.,J.) (C.S.N.,J.) 08.08.2024 NCS : Yes/No Index : Yes/No KST T.C.A.Nos.235 & 236 of 2015 https://www.mhc.tn.gov.in/judis

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