Dismissed

The Commissioner of Income Tax v. M/S Intimate Fashions India

Madras HC8 Jun 2016TCA/610/2014

Case brief

AI extract

What is this about?

The High Court dismissed a tax appeal filed by the CIT against orders of the ITAT. The court discharged pronouncing the judgment as the appeal was withdrawn by the appellant, in compliance with the ceiling limit fixed under Circular No.21 of 2015, leaving the substantial questions of law open.

What did the court decide?

Appeal dismissed on withdrawal; substantial questions of law left open; no costs.

The Commissioner of Income Tax Vs M/S Intimate Fashions India — Income Tax | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 8/6/2016

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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.610 of 2014

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The Commissioner of Income Tax Chennai. ... Appellant/Respondent Vs

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M/s.Intimate Fashions (India) Pvt Ltd C/o.S.Venkatram & Co, Cas 218 TTK Road Alwarpet Chennai 600 018. ... Respondent/Appellant

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Prayer: Appeal filed against the order of the Income Tax Appellate Tribunal, Madras 'B' Bench, Chennai dated 28/6/2012 in ITA No.2108/Mds/2011 and against the order passed by the Assistant Commissioner Income Tax; Company Circle II(3) chennai34 in PAN/GIR NO.AAACI2706C dated 28/09/2011 and against the Income Tax Officer(HO), (International Taxation) Chennai-34 in PAN.No.AAACI2706C dated 19/8/2011 for the Assessment year 20072008.

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This Appeal has been filed against the order of the Income Tax Appellate Tribunal, 'B' Bench, Madras, dated 28/6/2012.

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The substantial questions of law raised in the instant appeal are:-

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https://hcservices.ecourts.gov.in/hcservices/

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“1. Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in deleting the additions made on account of revision in Arms Length Price which resulted in adjustment of Rs.60,43,329/- for the assessment year 2006 – 2007 and Rs.11,03,219/- for the assessment year 2007 – 08 was not proper?

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Whether on the facts and in the circumstances of the case, the income tax Appellate Tribunal was right in holding that the computing deduction under Section 10 B, freight, telecommunication charges incurred in foreign exchange are to be excluded from the total turnover?”

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Mr.T.R.Senthil Kumar, learned Senior Standing Counsel for Income Tax 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. He further submitted that as per the Circular, Tax 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 Case Appeal No.610 of 2009, as withdrawn, substantial questions of law raised are left open. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The Commissioner of Income Tax Chennai

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2.The Income Tax Appellate Tribunal Madras B Bench Chennai 3. The Assistant Commissiooner Income Tax Company Circle II(3) Chennai-34

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https://hcservices.ecourts.gov.in/hcservices/

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4.The Income Tax Officer(HO) (International Taxation) Chennai-34

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Tax Case Appeal No.610 of 2014
ca(co)
aa29/06/2016

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https://hcservices.ecourts.gov.in/hcservices/

The Commissioner of Income Tax v. M/S Intimate Fashions India

Case brief

What is this about?

What did the court decide?

The Commissioner of Income Tax v. M/S Intimate Fashions India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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