DCIT, TIRUPPUR vs. SAKTHI MURUGAN ROLLER FLOUR MILLS LIMITED, AVANASHI

ITA 1985/CHNY/2015Status: DisposedITAT Chennai01 January 2016AY 2011-124 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the pendency of an SLP before the Supreme Court does not prevent it from following the binding judgment of the jurisdictional High Court. Therefore, the CIT(Appeals) order was rightly passed.

What were the facts?

The Revenue appealed against the CIT(Appeals) order allowing deduction under Section 80-IA. The CIT(Appeals) followed a Madras High Court judgment, and the Revenue's only objection was the pendency of a Special Leave Petition (SLP) before the Supreme Court.

What were the issues?

Whether the pendency of an SLP before the Supreme Court is a valid reason to disregard a jurisdictional High Court's judgment for the purpose of allowing deductions under Section 80-IA.

Which sections of the Income-tax Act were involved?

Section 80-IA

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Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI

Before: SHRI N.R.S. GANESAN & SHRI A. MOHAN ALANKAMONY

Hearing: 28.12.2015Pronounced: 01.01.2016

Heard together (2 matters)

ITA No.1985/Mds/2015
ITA No.1988/Mds/2015

Read from the judgment's own cause title. This page is filed under one of them.

PER N.R.S. GANESAN, JU

The order continues below.

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