THE COMMISSIONER OF INCOME TAX vs. M/S REFEX INDUSTRIES LTD
What did the High Court hold?
The High Court noted the submission by the learned Standing Counsel for the Revenue that the tax effect in the instant case was less than the monetary limit imposed. Recording this submission, the Court dismissed the Tax Case Appeal for low tax effect. The substantial question of law was kept open for adjudication at an appropriate stage. Therefore, the Tribunal's order regarding the validity of the Section 263 order was not adjudicated on merits by the High Court. No costs were awarded.
What were the facts?
The Revenue, Commissioner of Income Tax, Chennai, filed a Tax Case Appeal (TCA) under Section 260A of the Income Tax Act, 1961, challenging an order dated 09.09.2014 passed by the Income Tax Appellate Tribunal (ITAT), Madras 'C' Bench, Chennai, in ITA No.972/Mds/2014. The appeal was admitted on a substantial question of law. The assessee is M/s. Refex Industries Ltd. (formerly Refex Refrigerators Ltd.). The procedural history involves the ITAT's order being challenged by the Revenue before the High Court.
What were the issues?
1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the order passed under Section 263 is not valid? (Question of law). The Revenue contended that the appeal filed could be disposed of due to low tax effect, keeping the substantial question of law open. The judgment does not record any specific arguments from the assessee regarding the validity of the Section 263 order. The Revenue's submission focused on the procedural aspect of the appeal's maintainability due to tax effect.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
T.C.A.No.470 of 2015 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.10.2024 CORAM THE HON'BLE MR.JUSTICE R.SURESH KUMAR AND THE HON'BLE MR.JUSTICE C.SARAVANAN Tax Case Appeal No.470 of 2015 The Commissioner of Income Tax Chennai. ... Appellant Vs. M/s.Refex Industries Ltd Formerly Refex Refrigerators Ltd No.20, Mooker Nallamuthu Street George Town, Chennai 600 001. ... Respondent ----- Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras 'C' Bench, Chennai, dated 09.09.2014 made in ITA No.972/Mds/2014. For Appellant : Mrs.V.Pushpa Senior Standing Counsel For Respondent : Mr.N.V.Balaji J U D G M E N T (Delivered by R.SURESH KUMAR, J.) This Tax Case Appeal has been filed by the Revenue calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, 'C' Bench, Chennai and the appeal was admitted on the following substantial question of law: https://www.mhc.tn.gov.in/judis T.C.A.No.470 of 2015 "Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the order passed u/s.263 is not valid?" 2. It is brought to our notice by the learned Standing Counsel for the appellant Revenue that in the instant case, the tax effect is said to be less than the monetary limit imposed and therefore, the appeal filed by the Revenue can be disposed of, keeping the substantial question of law raised in this appeal open for adjudication at a later point of time. 3. Recording the said submission, this Tax Case Appeal is dismissed for low tax effect, keeping open the substantial question of law for adjudication at appropriate stage. No costs. (R.S.K.,J.) (C.S.N.,J.) 01.10.2024 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.470 of 2015 R.SURESH KUMAR, J. AND C.SARAVANAN, J. KST T.C.A.No.470 of 2015 01.10.2024 https://www.mhc.tn.gov.in/judis
More judgments on Section 263
- Gillette India Limited, Mumbai vs Principal Commissioner of Income Tax, JaipurITA 1316/JPR/2026[2018-19]Status: Disposed16 Oct 2026AY 2018-19
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Vimal Harilal Baldania, Gandhidham vs The ITO Ward 2, GandhidhamITA 770/RJT/2025[2017-18]Status: Disposed15 Oct 2026AY 2017-18
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- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
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