COMMISSIONER OF INCOME TAX vs. M/S NDF ENGINEERING PVT LTD

T.C.A.No.842 of 2019 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.08.2022 CORAM : THE HON'BLE MR. JUSTICE R. MAHADEVAN AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ T.C.A.No.842 of 2019 The Commissioner of Income Tax, Coimbatore. ... Appellant Versus M/s.NDF Engineering Pvt. Ltd., C/o.Shri.T.N.Seetharaman, Advocate, 384 (Old No.196) Lloyds Road, Chennai - 600 086. ... Respondent Appeal preferred under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal, “C” Bench, Chennai, dated 07.10.2011 in I.TA.No.1726/Mds/2010. For Appellant : Mr.M.Swaminathan Standing Counsel and Mrs.S.Premalatha For Respondent : Mr.R.Kumar For M/s.T.N.Seetharaman Page 1/4 https://www.mhc.tn.gov.in/judis T.C.A.No.842 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, challenging the order dated 07.10.2011 passed by the Income Tax Appellate Tribunal, 'C' Bench, Chennai in I.T.A.No.1726/Mds/2010, relating to the assessment year 2004-05, by raising the following substantial questions of law:- "(i) Whether under the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the reopening is made on change of opinion and therefore, the assessment is void ab initio? (ii) Whether under the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in dismissing the appeal preferred by the Revenue as infructuous, without adjudicating this issue on merits? (iii) Whether under the facts and circumstances of the case, is the entire amount written back in its profit and loss account by the assessee not an income assessable under the Act?" 2. When the matter was taken up for consideration, the learned counsel 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 Page 2/4 https://www.mhc.tn.gov.in/judis T.C.A.No.842 of 2019 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. 3. In the light of the aforesaid submissions made by the learned counsel 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.) 26.08.2022 r n s

Internet : Yes.

Index : Yes / No. Page 3/4 https://www.mhc.tn.gov.in/judis T.C.A.No.842 of 2019 R. MAHADEVAN, J. and MOHAMMED SHAFFIQ, J. r n s To 1. The Income Tax Appellate Tribunal 'C' Bench, Chennai. 2. The Commissioner of Income Tax (Appeals)-1, Coimbatore. 3. The Assistant Commissioner of Income Tax, Company Circle-IV(1), Coimbatore. T.C.A.No.842 of 2019 26.08.2022 Page 4/4 https://www.mhc.tn.gov.in/judis