PRINCIPAL COMMISSIONER OF vs. CRI PUMPS PVT LTD

TCA/405/2017HC Madras2024/MHC/397526 November 2024Bench: Honourable Dr Justice ANITA SUMANTH2 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court recorded the submission made by the learned Senior Standing Counsel for the appellant/Department that the Income-Tax Department does not wish to pursue the appeal for the assessment year 2011-12 due to the low tax effect, as per Circular No. 9 of 2024. Consequently, the Court dismissed the tax case appeal as withdrawn. The Court explicitly stated that the questions of law were left open to be decided in an appropriate matter. No decision was made on the merits of the case.

What were the facts?

The appeal was filed by the Principal Commissioner of Income Tax – 1, Coimbatore (Revenue) against an order dated 30.11.2016 made in I.T.A.No.1100/Mds/2016 by the Income Tax Appellate Tribunal (ITAT) for the assessment year 2011-12. The respondent in the appeal is M/s. CRI Pumps Pvt. Ltd. The appeal was filed under Section 260A of the Income Tax Act, 1961. The High Court of Judicature at Madras was hearing the appeal.

What were the issues?

The primary issue was whether the Income-Tax Department wished to pursue the appeal. The Revenue, through its learned Senior Standing Counsel, submitted that it did not wish to pursue the appeal for the assessment year 2011-12. This decision was based on Circular No. 9 of 2024 dated 17.09.2024, concerning the low tax effect. The Revenue sought withdrawal of the appeal. No specific questions of law were framed or argued by either party in the judgment provided, as the appeal was withdrawn by the Revenue.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

Heard together (2 matters)

T.C.(A)No.405 of 2017

I.T.A.No.1100/Mds/2016

Read from the judgment's own cause title. This page is filed under one of them.

2024:MHC:3975 T.C.(A)No.405 of 2017 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.11.2024 CORAM : THE HONOURABLE DR.JUSTICE ANITA SUMANTH and THE HONOURABLE MR.JUSTICE G. ARUL MURUGAN T.C.(A)No.405 of 2017 Principal Commissioner of Income Tax – 1, No.63, Race Course Road, Coimbatore – 641 018. .... Appellant vs M/s.CRI Pumps Pvt. Ltd., 7/46-1, Keeranatham Road, Saravanamatti, Coimbatore – 641 035. PAN:AAA CC 9497 N .... Respondent Prayer : Appeal filed under Section 260A of the Income Tax Act, 1961 against order dated 30.11.2016 made in I.T.A.No.1100/Mds/2016 in respect of assessment year 2011-12. For Appellant : Mr.Karthik Ranganathan Senior Standing Counsel For Respondent : Mr.A.S.Sriraman 1/2 https://www.mhc.tn.gov.in/judis T.C.(A)No.405 of 2017 Dr.ANITA SUMANTH,J. AND G.ARUL MURUGAN,J. JUDGMENT (Delivered by Dr. ANITA SUMANTH.,J) Mr.Karthik Ranganathan, learned Senior Standing Counsel, appearing for the appellant/Department would submit that the Income- Tax Department does not wish to pursue this appeal qua assessment year 2011-12 and seeks withdrawal of the same on account of the low tax effect per Circular bearing No.9 of 2024 dated 17.09.2024. 2. Recording the aforesaid submission, this tax case appeal is dismissed as withdrawn leaving the questions of law open to be decided in an appropriate matter. [A.S.M., J] [G.A.M., J] sl

26.11.2024 Index:Yes/No Neutral Citation:Yes Speaking order T.C.(A)No.405 of 2017 2/2 https://www.mhc.tn.gov.in/judis

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