PRINCIPAL COMMISSIONER OF vs. SELLA SYNERGY INDIA PVT LTD

T.C.A.No.349 of 2018 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.08.2022 CORAM : THE HON'BLE MR. JUSTICE R. MAHADEVAN AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ T.C.A.No.349 of 2018 The Principal Commissioner of Income Tax - 6, No.121, Nungambakkam High Road, Chennai - 600 034. ... Appellant Versus M/s.Sella Synergy India Pvt. Ltd., 1st Floor, "Elent Software City", TS-140, Rajiv Gandhi Salai, Taramani, Chennai - 600 113. ... Respondent (PAN No.AAC CS 9750 N) Appeal preferred under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal, “D” Bench, Chennai, dated 17.03.2017 in I.TA.No.2052/Mds/2011. For Appellant : Mr.J.Narayanaswamy Senior Standing Counsel Page 1/4 https://www.mhc.tn.gov.in/judis T.C.A.No.349 of 2018 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, challenging the order dated 17.03.2017 passed by the Income Tax Appellate Tribunal, 'D' Bench, Chennai in I.T.A.No.2052/Mds/2011, relating to the assessment year 2007-2008. 2. By order dated 10.07.2018, this court admitted the aforesaid tax case appeal on the following substantial question of law: "Whether the Appellate Tribunal can exclude any company from a list of comparables on the basis of decisions in other cases, without examining the functional similarity and/or dissimilarity between the assessee and such comparables? " 3. When the matter was taken up for consideration, the learned Standing 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 Page 2/4 https://www.mhc.tn.gov.in/judis T.C.A.No.349 of 2018 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the present appeal, wherein, the tax effect is said to be less than the monetary limit imposed, is dismissed as withdrawn, keeping open the substantial question of law for determination in an appropriate case. No costs. (R.M.D., J.) (M.S.Q., J.) 30.08.2022 m s r

Internet : Yes.

Index : Yes / No. Page 3/4 https://www.mhc.tn.gov.in/judis T.C.A.No.349 of 2018 R. MAHADEVAN, J. and MOHAMMED SHAFFIQ, J. m s r To 1. The Income Tax Appellate Tribunal 'D' Bench, Chennai. 2. The Income-tax Officer (H qtrs) & Secretary, Dispute Resolution Panel, Chennai-34. T.C.A.No.349 of 2018 30.08.2022 Page 4/4 https://www.mhc.tn.gov.in/judis