M/S DAS LAGERWAYS WIND vs. THE ASST COMMISSIONER OF

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TCA/520/2015HC Madras22 October 2024Bench: Honourable Mr Justice R. SURESH KUMAR4 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court recorded the submission made by the learned counsel for the appellant (assessee) that the appellant wished to withdraw the appeal. The appellant sought liberty to pursue an appeal already filed before the Commissioner (Appeals) against the Order of Assessment, which was passed pursuant to the revisional order of the Commissioner under Section 263. Recording these submissions, the High Court dismissed the tax case appeal as withdrawn. The Court explicitly stated that the questions of law raised in the appeal were kept open to be decided at a later point in time. No costs were awarded.

What were the facts?

The assessee, M/s. Das Lagerways Wind Turbine Ltd., filed an appeal before the High Court of Judicature at Madras against an order of the Income Tax Appellate Tribunal (ITAT). The ITAT's order, dated 04.04.2015 in ITA.No.325/Mds/2011, upheld orders passed by the Commissioner of Income Tax (CIT) under Section 263 of the Income Tax Act, 1961. These revisional orders by the CIT were dated 25.11.2010 and pertained to the assessment year 2001-2002. The CIT's orders had directed re-assessment, which were then carried out under Section 143(3) read with Section 147 of the Act by the Assessing Authority on 30.12.2008. The appeal before the High Court was admitted on specific questions of law.

What were the issues?

The High Court was to decide the following questions of law: 1. Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is right in law in upholding the orders under Section 263 of the Income Tax Act dated 25.11.2010 in relation to assessment year 2001-2002 passed by the Commissioner of Income Tax? 2. Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is right in law in upholding the orders under Section 263 of the Income Tax Act dated 25.11.2010 passed by the Commissioner of Income Tax, when there is no error in the orders of re-assessment passed under Section 143(3) read with Section 147 of the Act dated 30.12.2008 and consequently no concurrent satisfaction of the twin statutory conditions prescribed under Section 263 of the Act? Assessee's contention: The appellant (assessee) sought to withdraw the appeal. The assessee's counsel stated that the appellant wished to withdraw the appeal with the liberty to pursue an appeal already filed before the Commissioner (Appeals) against the Order of Assessment passed by the Assessing Authority, which was a consequence of the CIT's order under Section 263. Revenue's contention: No specific arguments were recorded for the respondent (revenue) in the judgment.

Which sections of the Income-tax Act were involved?

Section 260A,Section 263,Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

T.C.A.No.520 of 2015 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.10.2024 CORAM: THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE C.SARAVANAN T.C.A.No.520 of 2015 M/s.Das Lagerways Wind Turbine Ltd., No.79/3, Ezhil Nagar, Kailasapuram, Trichy – 620 014.

... Appellant

Vs. The Assistant Commissioner of Income-Tax, Company Circle-I (4), No.121, Mahatma Gandhi Road, Chennai – 600 034. ... Respondent

Prayer: Appeal under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal, “A” Bench, Chennai dated 04.04.2015 in ITA.No.325/Mds/2011. For Appellant : Mr.G.Baskar For Respondent : Mr.Avinash Krishnan Ravi 1/4 https://www.mhc.tn.gov.in/judis T.C.A.No.520 of 2015 JUDGMENT (Judgment of the Court was delivered by R.SURESH KUMAR, J.) This appeal has been admitted already under the following questions of law:- 1. Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is right in law in upholding the orders under Section 263 of the Income Tax Act dated 25.11.2010 in relation to assessment year 2001-2002 passed by the Commissioner of Income Tax? 2. Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal is right in law in upholding the orders under Section 263 of the Income Tax Act dated 25.11.2010 passed by the Commissioner of Income Tax, when there is no error in the orders of re-assessment passed under Section 143(3) read with Section 147 of the Act dated 30.12.2008 and consequently no concurrent satisfaction of the twin statutory conditions prescribed under Section 263 of the Act?” 2. Mr.G.Baskar, learned counsel appearing for the appellant on instructions has stated that the appellant wants to withdraw this appeal 2/4 https://www.mhc.tn.gov.in/judis T.C.A.No.520 of 2015 with the liberty to peruse the appeal already been filed before the Commissioner (Appeals) against the Order of Assessment which has already been passed by the Assessing Authority of course pursuant to the Order passed by the Commissioner in his revisional power under Section 263 of the Act. 3. Recording the said submissions made by the learned counsel appearing for the Appellant, this tax case appeal is dismissed as withdrawn with the aforesaid liberty. The question of law raised in this appeal is kept open to be decided at a later point of time. No cost. [R.S.K., J.] [C.S.N., J.] 22.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation : Yes/No rgm 3/4 https://www.mhc.tn.gov.in/judis T.C.A.No.520 of 2015 R.SURESH KUMAR, J. and C.SARAVANAN, J. rgm To The Assistant Commissioner of Income-Tax, Company Circle-I (4), No.121, Mahatma Gandhi Road, Chennai – 600 034. T.C.A.No.520 of 2015 22.10.2024 4/4 https://www.mhc.tn.gov.in/judis

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