COMMISSIONER OF INCOME TAX vs. M/S. THE TAMIL NADU STATE

T.C.A.No.829 of 2019 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 25.08.2022 CORAM THE HON'BLE Mr. JUSTICE R. MAHADEVAN AND THE HON'BLE Mr. JUSTICE MOHAMMED SHAFFIQ Tax Case Appeal No.829 of 2019 The Commissioner of Income Tax Trichy

.. Appellant Vs. The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd. No.27, Railway Station New Road Kumbakonam 612 001 PAN : AAA CC 1294 K .. Respondent Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order dated 30.01.2015 passed by the Income Tax Appellate Tribunal, 'B' Bench, Chennai, in I.T.A.No.813/Mds/2014. For Appellant : Mr.M.Swaminathan Mrs.V.Pushpa

Standing Counsels For Respondent : Mr.S.Sridhar 1/4 https://www.mhc.tn.gov.in/judis T.C.A.No.829 of 2019 J U D G M E N T (Judgment was delivered by R. MAHADEVAN, J.) This tax case appeal has been filed by the appellant/Revenue, calling in question the correctness of the order dated 30.01.2015 passed by the Income Tax Appellate Tribunal, 'B' Bench, Chennai, in I.T.A.No813/Mds/2014, relating to the assessment year 2008-09. 2. By order dated 04.12.2019, this Court admitted the aforesaid tax case appeal on the following substantial questions of law : “1. Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee is entitled for deduction with respect to insurance fund provision/no fault liability provision? 2. Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee is entitled for deduction with respect to contribution to employee's retirement benefits scheme not recognized by the Income Tax Department or any other law? 3. Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee is entitled for deduction with respect to contribution to Tamil Nadu Welfare Fund not recognized by Income Tax Department? 4. Whether on the facts and in the circumstances of the case, the Tribunal was right in remitting the case back to the 2/4 https://www.mhc.tn.gov.in/judis T.C.A.No.829 of 2019 assessing officer with the direction to decide the issue of deduction with respect to employee contribution to provident fund made after due date, afresh after giving opportunity to the assessee?” 3. When the matter was taken up for consideration, the learned Standing Counsels for the appellant/Revenue brought to the notice of this court the Circular No.17/2019 dated 08.08.2019, issued by the Central Board Direct Taxes, wherein, it is stipulated that appeal shall not be filed/pursued by the Department before the High Court in cases where the tax effect does not exceed Rs.1,00,00,000/- (Rupees One Crore). It is also submitted that the tax effect in this appeal is less than the threshold limit. 4. In the light of the aforesaid submissions made by the learned Standing Counsels for the appellant/Revenue, the present appeal, wherein, the tax effect is said to be less than the monetary limit imposed, is dismissed as withdrawn, keeping open the substantial questions of law for determination in an appropriate case. No costs. [R.M.D,J.] [M.S.Q, J.] 25.08.2022 Internet : Yes gya R. MAHADEVAN, J. 3/4 https://www.mhc.tn.gov.in/judis T.C.A.No.829 of 2019 AND MOHAMMED SHAFFIQ, J. gya To 1.The Joint Commissioner of Income Tax Kumbakonam Range, Kumbakonam 2.The Commissioner of Income Tax (Appeals) Tiruchirapalli 3.The Income Tax Appellate Tribunal 'B' Bench, Chennai Tax Case Appeal No.829 of 2019 25.08.2022

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