This appeal by the Revenue against the ITAT's order is dismissed as not pressed because the tax effect is below Rs. 50 lakhs under a recent CBDT circular, keeping the legal question open.
The Tax Case Appeal was dismissed as not pressed, keeping the substantial question of law open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2018
CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE DR.JUSTICE ANITA SUMANTH
Tax Case Appeal No. 1779 of 2008
The Commissioner of Income-Tax,
Chennai. Appellant
Vs.
Late Shri. N.Srinivasan, through L/Hs. Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras 'B' Bench, Chennai, dated 28.03.2008 made in ITA No.2229/Mds/2006.
For Appellant : Mr.Karthik Ranganathan Senior Standing Counsel
For Respondent : No appearance
J U D G M E N T (Delivered by DR.VINEET KOTHARI,J)
This Tax Case Appeal has been filed by the Revenue calling in question the correctness of the order passed by the Income Tax Appellate Tribunal,
Madras 'B' Bench, Chennai, dated 28.03.2008, made in ITA
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No.2229/Mds/2006 by raising the following substantial question of law:
"Whether on the facts and circumstances of the case,
the Income Tax Appellate Tribunal was right in holding that the addition of Rs.38,61,559/- made by the Assessing Officer under Section 41(1) of the Income Tax Act is not justified?”
the High Court in cases where the tax effect does not exceed Rs.50 lakhs.
(V.K.,J.) (A.S.M.,J.) 06.12.2018 Index : Yes/No Internet : Yes/No arr
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To
Income Tax Appellate Tribunal, Madras 'B' Bench, Chennai.
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DR.VINEET KOTHARI, J. and DR.ANITA SUMANTH, J.
arr
TCA No.1779 of 2008
06.12.2018.
2 issues framed by the court
Whether the Income Tax Appellate Tribunal was right in holding that the addition under Section 41(1) is not justified?
Whether the appeal should be dismissed as not pressed due to the tax effect being under Rs. 50 lakhs under Circular No. 3/2018?
2 provisions across 1 enactments
Commissioner of Income-Tax, Chennai
Late Shri N.Srinivasan, through L/Hs
VINEET KOTHARI
ANITA SUMANTH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
