THE COMMISSIONER OF INCOME TAX vs. M/S.ASIAN PEROXIDES LTD

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TCA/332/2020HC Madras10 June 2025Bench: Honourable The CHIEF JUSTICE5 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted the submission by the revenue's counsel that the monetary limit involved in the appeals was below the prescribed limit as per Circular F.No.390/Misc/30/2023-JC, dated 02.11.2023. Based on this submission and the instructions received by the counsel to withdraw the appeals, the Court ordered the dismissal of the appeals as withdrawn. The withdrawal was explicitly stated to be due to the monetary limit and not an admission on the merits of the Department's position. No decision was made on the substantive issues of the appeals. The Court also stated that there would be no order as to costs.

What were the facts?

The appeals, TCA Nos.332 and 333 of 2020, were filed by the Commissioner of Income Tax, Chennai (the appellant/revenue) against the order of the Income Tax Appellate Tribunal (ITAT), Madras “C” Bench, Chennai, dated 22.10.2018 in ITA.No.451/Chny/2018 and ITA.No.452/Chny/2018. The respondent in these appeals is M/s.Asian Peroxides Ltd. The appeals were presented before the High Court of Judicature at Madras, Coram: The Hon'ble Mr.K.R.Shriram, Chief Justice and The Hon'ble Mr.Justice Sunder Mohan. The procedural history indicates that these appeals were filed against the ITAT's order.

What were the issues?

The High Court was presented with appeals filed by the revenue. The primary issue was whether the appeals should proceed. The revenue's counsel, Mr.Ravi Kumar, stated that the monetary limit involved in these appeals was below the limit prescribed in Circular F.No.390/Misc/30/2023-JC, dated 02.11.2023. Consequently, the counsel informed the court that he had instructions to withdraw the appeals. The revenue's withdrawal was stated to be solely due to the monetary limit and without conceding the Department's stand on the merits of the case. No specific legal questions or arguments from the respondent (assessee) are recorded in the judgment.

AI-generated summary — verify with the full judgment below

TCA Nos.332, 333 of 2020 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 Nos.332, 333 of 2020 The Commissioner of Income Tax, Chennai : Appellant versus M/s.Asian Peroxides Ltd., 69, 3rd Floor, Leelavathi Buildings, Armenian Street, Chenai 600 001 PAN AAACA6213G : Respondent Prayer: Appeal filed against the order of the Income Tax Appellate Tribunal Madras “C” Bench Chennai dated 22.10.2018 in ITA.No.451/Chny/2018 and ITA.No.452/Chny/2018. For Appellant : Mr.Ravi Kumar T. For Respondent : Mr.R.Vijayaraghavan, for M/s.Subbaraya Aiyar Padmanabhan Page 1 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 08:53:15 pm ) TCA Nos.332, 333 of 2020 JUDGMENT (Judgment of the Court was delivered by the Hon'ble Chief Justice) Mr.Ravi Kumar states that the monetary limit involved in these appeals 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 appeals. 2. Counsel also states that the withdrawal is only due to the monetary limit and without conceding the stand of the Department. 3. The Appeals are 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 tar Page 2 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 08:53:15 pm ) TCA Nos.332, 333 of 2020 Page 3 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 08:53:15 pm ) TCA Nos.332, 333 of 2020 To 1.The Commissioner of Income Tax, Chennai 2.The Income Tax Appellate Tribunal Madras “C” Bench Chennai Page 4 of 5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 12/06/2025 08:53:15 pm ) TCA Nos.332, 333 of 2020 THE HON'BLE CHIEF JUSTICE and SUNDER MOHAN, J. (tar) TCA Nos.332, 333 of 2020 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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