COMMISSIONER OF INCOME vs. M/S.TVS MOTOR COMPANY LIMITED

PDF · subscribers
TCA/568/2017HC Madras08 August 2025Bench: Honourable The CHIEF JUSTICE4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court noted the submission of the Revenue that the case had a low tax effect and, in accordance with the CBDT Circulars No.05/2024 and 09/2024, the Revenue did not wish to pursue the appeal. Consequently, the High Court dismissed the appeal. The Court also stated that the questions of law raised in the appeal were to be kept open for consideration in an appropriate future matter. No order as to costs was made. The Tribunal's order dated 16.02.2017, which was under challenge, is not discussed on its merits.

What were the facts?

The appeal was filed by the Commissioner of Income Tax, Corporate Circle 3(1), Chennai (Revenue) against an order of the Income Tax Appellate Tribunal (“C” Bench, Chennai) dated 16.02.2017 in ITA No.36/Mds/2016. The respondent in the appeal is TVS Motor Company Limited. The appeal was filed under Section 260A of the Income Tax Act, 1961. The High Court of Judicature at Madras heard the learned counsel for both the appellant (Revenue) and the respondent (assessee). The Revenue stated that the case had a low tax effect.

What were the issues?

The primary issue before the High Court was whether to proceed with the appeal filed by the Revenue. The Revenue, through its counsel, submitted that due to a low tax effect, in view of Circular No.05/2024 dated 15.03.2024 and Circular No.09/2024, dated 17.09.2024, issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, it did not wish to proceed with the matter. The Revenue also stated that the questions of law proposed could be kept open for consideration in an appropriate matter. The assessee's arguments are not recorded in the judgment.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

T.C.A.No.568 of 2017 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.08.2025 CORAM : THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN T.C.A.No.568 of 2017 The Commissioner of Income Tax Corporate Circle 3(1) Chennai Appellant Vs TVS Motor Company Limited No.29/8, Jayalakshmi Estates Haddows Road Chennai-600 006 Respondent Prayer: Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal “C” Bench, Chennai, dated 16.02.2017 in ITA No.36/Mds/2016. ____________ Page 1 of 4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/08/2025 08:32:37 pm ) T.C.A.No.568 of 2017 For Appellant: Mr.J.Narayanasamy Sr. Standing Counsel For Respondent: Mr.R.Venkatanarayanan for M/s.Subbaraya Aiyar Padmanabhan Ramamani

JUDGMENT (Delivered by the Hon'ble Chief Justice) Heard learned counsel for the appellant/Revenue and learned counsel for the respondent/assessee. 2. At the outset, learned counsel for the Revenue fairly submits that it is a case having low tax effect. Therefore, in view of the Circular No.05/2024 dated 15.03.2024 and Circular No.09/2024, dated 17.09.2024, issued by the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, Government of India, the appellant/Revenue does not wish to proceed with the matter, though the questions of law proposed may be kept open for consideration in the appropriate matter. ____________ Page 2 of 4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/08/2025 08:32:37 pm ) T.C.A.No.568 of 2017 3. In that view of the matter, the appeal stands dismissed. There shall be no order as to costs. (MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J)

08.08.2025 Index : Yes/No Neutral Citation : Yes/No bbr To: 1. The Assistant Registrar Income Tax Appellate Tribunal “C” Bench, Chennai. 2. The Commissioner of Income-tax Appeals-11 Chennai. 3. The Joint Commissioner of Income Tax Company Range-III, Chennai. ____________ Page 3 of 4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/08/2025 08:32:37 pm ) T.C.A.No.568 of 2017 THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J. bbr

TCA No.568 of 2017

08.08.2025 ____________ Page 4 of 4 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/08/2025 08:32:37 pm )

Recent GST High Court judgments

Search GST case law →