THE COMMISSIONER OF INCOME T vs. M/S. OPG ENERGY (P) LTD.,

T.C.A.No.324 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 17.08.2022 CORAM THE HON'BLE Mr. JUSTICE R. MAHADEVAN AND THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ Tax Case Appeal No.324 of 2021 The Commissioner of Income Tax Chennai

.. Appellant Vs. M/s.OPG Energy (P) Ltd. No.6, Sardar Patel Road Guindy, Chennai 600 032 PAN : AAACO4724G .. Respondent Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order dated 18.01.2018 passed by the Income Tax Appellate Tribunal, 'A' Bench, Chennai, in I.T.A.No.3415/Mds/2016. For Appellant : Mr.T.Ravikumar Standing Counsel For Respondent : Mr.Ramachandran 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, calling in 1/4 https://www.mhc.tn.gov.in/judis T.C.A.No.324 of 2021 question the correctness of the order dated 18.01.2018 passed by the Income Tax Appellate Tribunal, 'A' Bench, Chennai, in I.T.A.No.3415/Mds/2016, relating to the assessment year 2012-13. 2. By order dated 22.06.2021, this Court admitted the aforesaid tax case appeal on the following substantial questions of law : “1) Whether the Tribunal was right in restricting the disallowance under Section 14A read with Rule 8D to the extent of exempt income earned by the Assessee especially when the Assessing Officer has applied the provision of Section 14A read with Rule 8D(iii) after being not satisfied with the explanation given by the assessee, thus, no expenditure incurred attributable to earning the exempt income? 2) Whether the Tribunal was right in deleting the addition of Rs.6.09 crores made under Section 14A read with Rule 8D to the book profits under Section 115 JB when clause (f) of explanation (1) to Section 115 JB (2) specifically mandate that the book profit u/s 115 JB shall be increased by the amount or amounts of expenditure relatable to any income to which Section 10 (other than the provisions contained in clause (38) shall apply?” 2/4 https://www.mhc.tn.gov.in/judis T.C.A.No.324 of 2021 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, 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.] 17.08.2022

Internet : Yes

gya 3/4 https://www.mhc.tn.gov.in/judis T.C.A.No.324 of 2021 R. MAHADEVAN, J. AND MOHAMMED SHAFFIQ, J. gya To 1.The Commissioner of Income Tax Chennai 2.The Income Tax Officer Corporate Ward-5(1) Chennai 3.The Commissioner of Income Tax (Appeals)-3 Chennai 4.The Income Tax Appellate Tribunal 'A' Bench, Chennai Tax Case Appeal No.324 of 2021 17.08.2022 4/4 https://www.mhc.tn.gov.in/judis