Dismissed

The Commissioner of I.T v. Iwl India Ltd.

Madras HC16 Jun 2016TC/984/2008

Case brief

AI extract

What is this about?

In this tax case appeal arising from Section 260A of the Income Tax Act, 1961 against a Tribunal order deleting disallowance of interest under Section 43, the High Court noted the appellant's submission that the appeal tax liability fell below a circular limit warranting withdrawal. The court dismissed the appeal as withdrawn but left the substantial question of law open.

What did the court decide?

The Tax Case Appeal No.984 of 2008 was dismissed as withdrawn; the substantial question of law was left open. No costs.

The Commissioner of I.T Vs Iwl India Ltd. — Income Tax | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE OF MADRAS

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DATED: 16.06.2016

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CORAM:

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THE HONOURABLE MR.JUSTICE S.MANIKUMAR and THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

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Tax Case(Appeal).No.984 of 2008

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The Commissioner of Income-Tax, Tamil Nadu-I, Madras

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... Appellant

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-vs-

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M/s.IWL India Ltd., 2G & 2E, Lakshmi Bhavan, 609, Anna Salai, Chennai - 6. ... Respondent

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Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Chennai 'A' Bench, dated 31.12.2007 passed in I.T.A.No.1856/Mds/2006.

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For Appellant : Mrs.R.Hemalatha Junior Standing Counsel for Income Tax Dept. For Respondent : No appearance

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JUDGMENT

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[Judgment of the Court was made by S.MANIKUMAR, J.]

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This Appeal has been filed against the order of the Income Tax Appellate

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Tribunal, 'A' Bench, Madras, dated 31.12.2007.

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2. The substantial question of law raised in the instant appeal is:-

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"Whether on the facts and in the circumstances of the case the Income-Tax Appellate Tribunal was right in law in deleting the disallowance of interest made under Section 43-of the Income-tax Act, 1961, is valid?

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Mrs.R.Hemalatha, learned Junior Standing Counsel for Income Tax

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submitted that the tax implication in the instant appeal is less than the ceiling limit fixed by the Circular bearing No.21 of 2015, dated 10/12/2015. She further submitted that as per the Circular, Tax Case Appeals have been instructed to be withdrawn, subject to the matters covered under the circular.

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Placing on record the above submissions, while dismissing the Tax

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Case Appeal No.984 of 2008, as withdrawn, substantial question of law raised is left open. No costs.

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[S.M.K., J.] [D.K.K., J.] 16.06.2016

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Index: Yes/No Internet: Yes/No ars

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S.MANIKUMAR, J., and D.KRISHNAKUMAR, J.,

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ars

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The Commissioner of Income-Tax, Tamil Nadu-I, Madras

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Tax Case(Appeal).No.984 of 2008

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16.06.2016

The Commissioner of I.T v. Iwl India Ltd.

Case brief

What is this about?

What did the court decide?

The Commissioner of I.T v. Iwl India Ltd.

Case brief

What is this about?

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