The High Court dismissed the Revenue's appeal in the Tax Case as not pressed because the tax effect did not exceed Rs.50 lakhs, citing a CBIC circular, while keeping the underlying substantial question of law open for determination in an appropriate case.
Appeal dismissed as not pressed due to tax effect being below Rs. 50 lakhs;
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.12.2018
CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE DR.JUSTICE ANITA SUMANTH
Tax Case No.2023 of 2008
The Commissioner of Income Tax Chennai. ...Appellant /Appellant Vs. M/s.SICAL Logistics Ltd., South Avenue House, 73 Armenian Street, Chennai 600 001. ...Respondent/Respondent
Tax Case filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras 'C' Bench, Chennai, dated 27.5.2008 made in ITA No.2319/Mds/07 and against the order of the Commissioner of Income Tax (Appeals)-V and made in ITA No.6124/2005-06 dated 15.06.2007 for the Assessment year 1998-99 and against the order of the Deputy Commissioner of Income Tax Company Circle V(1) chennai and made in PA No.AA50045 A(33789B/1998-99, dated 29.03.2005 the assessment year 1998-99.
(Delivered by DR.VINEET KOTHARI,J)
This Tax Case has been filed by the Revenue calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, Madras 'C' Bench, Chennai, dated 27.5.2008
made in ITA No.2319/Mds/07, by raising the following substantial question of law:
"Whether, on the facts and circumstances of the case, the Tribunal was right in holding that dry dock/Special survey expenditure cannot be withdrawn in a rectification proceeding under Section 154 of the Act?"
TC No.2023 of 2008
VGII-(CO) KAK(15/02/2019)
1 provisions across 1 enactments
The Commissioner of Income Tax Chennai
M/s. SICAL Logistics Ltd.
Vineet Kothari
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
