THE COMMISSIONER OF INCOME TAX vs. M/S AKSHAYA PVT LTD

TCA/331/2021HC Madras10 June 2025Bench: Honourable The CHIEF JUSTICE5 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court noted that the Revenue's counsel, Mr. Ravi Kumar, stated that the monetary limit of the appeal was below the threshold stipulated in Circular F.No.390/Misc/30/2023-JC, dated 02.11.2023. Consequently, the counsel, acting on instructions, sought to withdraw the appeal. The court was informed that this withdrawal was based on the monetary limit and did not imply any concession on the Department's stance. As a result, the High Court dismissed the appeal as withdrawn. No order was made as to costs.

What were the facts?

The Commissioner of Income Tax, Chennai (the Revenue) filed an appeal before the High Court of Judicature at Madras against an order of the Income Tax Appellate Tribunal (ITAT), Madras “B” Bench, dated 24.08.2016 in ITA.No.2114/Mds/2015. The assessee is M/s. Akshaya Pvt Ltd. The appeal was filed under Section 260A of the Income Tax Act, 1961. The High Court was constituted by the Hon'ble Chief Justice Mr. K.R. Shriram and the Hon'ble Justice Mr. Sunder Mohan. The appeal was listed for hearing on 10.06.2025.

What were the issues?

The High Court had to decide whether to proceed with the appeal filed by the Revenue. The Revenue's counsel stated that the monetary limit involved in the appeal was below the prescribed limit in Circular F.No.390/Misc/30/2023-JC, dated 02.11.2023. Based on instructions, the Revenue's counsel sought to withdraw the appeal. The Revenue clarified that the withdrawal was solely due to the monetary limit and not an admission of the assessee's stand or a concession on the Department's position. No specific question of law was framed or argued as the appeal was withdrawn at the outset.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

TCA No.331 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.06.2025 CORAM THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SUNDER MOHAN TCA No. 331 of 2021 The Commissioner of Income Tax, Chennai : Appellant versus M/s.Akshaya Pvt Ltd., G Square, 46 Rajiv Gandhi Salai, Kandanchavadi, Chennai 600 096 PAN AAFCA1708D : Respondent Prayer: Appeal filed against the order of the Income Tax Appellate Tribunal Madras “B” Bench Chennai dated 24.08.2016 in ITA.No.2114/Mds/2015. For Appellant : Mr.Ravi Kumar T. For Respondent : Mr.A.S.Sriraman Page 1 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 08:53:15 pm ) TCA No.331 of 2021 JUDGMENT (Judgment of the Court was delivered by the Hon'ble Chief Justice) Mr.Ravi Kumar states that the monetary limit involved in this appeal is below the monetary limit prescribed in Circular F.No.390/Misc/30/2023- JC, dated 02.11.2023. Counsel says that he has instructions, therefore, to withdraw the appeal. 2. Counsel also states that the withdrawal is only due to the monetary limit and without conceding the stand of the Department. 3. The Appeal is dismissed as withdrawn. There shall be no order as to costs. (K.R.SHRIRAM, CJ.) (SUNDER MOHAN, J.) 10.06.2025 Index : Yes/No Neutral Citation : Yes/No Page 2 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 08:53:15 pm ) TCA No.331 of 2021 tar Page 3 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 08:53:15 pm ) TCA No.331 of 2021 To 1.The Commissioner of Income Tax, Chennai 2.The Income Tax Appellate Tribunal Madras “B” Bench Chennai Page 4 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 08:53:15 pm ) TCA No.331 of 2021 THE HON'BLE CHIEF JUSTICE and SUNDER MOHAN, J. (tar) TCA No.331 of 2021 10.06.2025 Page 5 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 08:53:15 pm )

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