THE COMMISSIONER OF INCOME TAX vs. M/S REGEN POWERTECH P LTD

TCA/567/2019HC Madras2024/MHC/396926 November 2024Bench: Honourable Dr Justice ANITA SUMANTH2 pages

AI SummaryWithdrawn

What did the High Court hold?

The High Court recorded the submission of the Revenue's counsel that the Income-Tax Department did not wish to pursue the appeal for 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 Consequently, the Court dismissed the tax case appeal as withdrawn.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 question of law remains open to be decided in an appropriate matter. No costs were awarded. The operative direction was to dismiss the appeal as withdrawn.

What were the facts?

This case involves an appeal filed by the Commissioner of Income-Tax, Chennai (the Revenue) against an order of the Income Tax Appellate Tribunal (ITAT), Madras 'D' Bench, Chennai, dated August 17, 2016, in ITA No. 766/Mds/2016. The appeal pertains to the assessment year 2011-12 and concerns M/s. Regen Powertech (P) Ltd. (the Assessee). The High Court of Judicature at Madras heard the appeal. The Revenue's counsel informed the court that the Department did not wish to pursue the appeal for the specified assessment year.

What were the issues?

1. Whether the Income-Tax Department should be permitted to withdraw the appeal against the ITAT's order for assessment year 2011-12. The Revenue, through its Senior Standing Counsel, submitted that it did not wish to pursue the appeal for assessment year 2011-12 and sought withdrawal of the same. This submission was made in light of Circular No. 9 of 2024 dated September 17, 2024, concerning low tax effect. The Assessee was noted as not ready in notice, and no arguments were recorded on its behalf.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

2024:MHC:3969 T.C.A.No.567 of 2019 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.567 of 2019 The Commissioner of Income-Tax, Chennai .. Appellant vs M/s. Regen Powertech (P) Ltd., Samson Towers, 3rd, 4th and 5th Floors, 403L, Pantheon Road, Egmore, Chennai – 600 008. PAN : AADCR5531M .. Respondent Prayer : Appeal filed under Section 260A of the Income Tax Act, 1961 against order of the Income Tax Appellate Tribunal, Madras 'D' Bench, Chennai dated 17.08.2016 in ITA No.766/Mds/2016. For Appellant : Mrs.V.Pushpa Senior Standing Counsel For Respondent : Not ready in notice 1/2 https://www.mhc.tn.gov.in/judis T.C.A.No.567 of 2019 DR. ANITA SUMANTH.,J. and G. ARUL MURUGAN.,J. JUDGMENT (Delivered by Dr. ANITA SUMANTH.,J) Mrs.V.Pushpa, 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 question of law open to be decided in an appropriate matter. No costs. [A.S.M., J] [G.A.M., J]

26.11.2024 Index:Yes/No Neutral Citation:Yes ssm T.C.A.No.567 of 2019 2/2 https://www.mhc.tn.gov.in/judis

Recent GST High Court judgments

Search GST case law →