M/S. NAVIN HOUSING &

TCA/443/2015HC Madras13 August 2024Bench: Honourable Mr Justice R. SURESH KUMAR3 pages

AI SummaryDismissed

What did the High Court hold?

The High Court held that the substantial question of law raised in the present appeal has already been answered by a Division Bench of the same court in the case of The Commissioner of Income Tax vs. Sanghvi and Doshi Enterprises, which was confirmed by the Supreme Court in Commissioner of Income Tax vs. Sanghvi and Doshi Enterprises. Consequently, the substantial question of law is answered against the Revenue and in favour of the assessee. The appeal filed by the Revenue is therefore dismissed. The court also noted that for similar issues concerning the same assessee, appeals were previously dismissed by a co-ordinate bench for low tax effect. No costs were awarded.

What were the facts?

The Revenue, Commissioner of Income Tax, Central Circle - I(5), Chennai, has filed an appeal under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal, Madras 'A' Bench, dated 20.02.2014. The appeal challenges the Tribunal's decision in ITA No.1833/Mds/2013 concerning M/s. Navin Housing & Properties Pvt Ltd., Chennai. The High Court notes that a substantial question of law raised in this appeal has already been decided by a Division Bench of the same court in the case of The Commissioner of Income Tax vs. Sanghvi and Doshi Enterprises, which was subsequently confirmed by the Supreme Court. Furthermore, for similar issues concerning the same assessee, appeals were dismissed by a co-ordinate bench of the High Court due to low tax effect.

What were the issues?

1. Whether the substantial question of law raised in this appeal is to be answered in favour of the Revenue or the assessee, considering the precedent set by the High Court and Supreme Court in Commissioner of Income Tax vs. Sanghvi and Doshi Enterprises. Assessee's Contention: The judgment does not record any specific contentions made by the assessee. However, the outcome indicates the assessee's position was upheld. Revenue's Contention: The Revenue's contention is implicitly that the substantial question of law raised in their appeal should be decided in their favour. The judgment does not explicitly detail the specific arguments or legal provisions relied upon by the Revenue for this appeal, other than the fact that it is an appeal under Section 260A of the Income Tax Act, 1961.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

T.C.A.No.443 of 2015 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.08.2024 CORAM THE HON'BLE MR.JUSTICE R.SURESH KUMAR AND THE HON'BLE MR.JUSTICE C.SARAVANAN Tax Case Appeal No.443 of 2015 Commissioner of Income Tax Central Circle - I(5) Chennai 600 034. ... Appellant Vs. M/s.Navin Housing & Properties Pvt Ltd., Chennai. ... Respondent Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras 'A' Bench, Chennai, dated 20.02.2014 made in I.T.A.No.1833/Mds/2013. ----- For Appellant : Mr.A.S.Sriraman for M/s.S.Sridhar For Respondent : Mr.S.Rajesh, Junior Standing Counsel for Mr.J.Narayanaswamy Senior Standing Counsel J U D G M E N T (Delivered by C.SARAVANAN, J.) It is noticed that the substantial question of law raised in this appeal has already been answered by a Division Bench of this Court in the case of The Commissioner of Income Tax -vs- Sanghvi and Doshi Enterprises https://www.mhc.tn.gov.in/judis T.C.A.No.443 of 2015 [2013] 29 taxmann.com 386 (Madras), which stands confirmed by the Hon'ble Supreme Court in Commissioner of Income Tax -vs- Sanghvi and Doshi Enterprises [2017] 84 taxmann.com 241 (SC). 2. Incidentally, for similar issue for this very same assessee appeals were also dismissed by a Co-ordinate Bench of this Court for low tax effect in Tax Case Nos.174 to 176 of 2013 dated 07.02.2020. 3. Hence, the substantial question of law raised in this appeal is answered against the Revenue and in favour of the assessee. The appeal stands dismissed. No costs. (R.S.K.,J.) (C.S.N.,J.) 13.08.2024 NCS : Yes/No Index : Yes/No KST To The Income Tax Appellate Tribunal 'C' Bench, Chennai. https://www.mhc.tn.gov.in/judis T.C.A.No.443 of 2015 R.SURESH KUMAR, J. AND C.SARAVANAN, J. KST T.C.A.No.443 of 2015 13.08.2024 https://www.mhc.tn.gov.in/judis

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