The High Court dismissed the Income Tax Appeal filed by the Revenue as not pressed, relying on a Circular restriction on appeals with tax effects under Rs. 50 lakhs, while 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.
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.41 of 2009
Commissioner of Income Tax
Chennai. .. Appellant/Appellant
Vs.
M/s. Orchid Chemicals & Pharmaceuticals Ltd. 131, Valluvar Kottam High Road Nungambakkam
Chennai 600 034. .. Respondent/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 dated 26.3.2008 made in ITA No.2320/Mds/2007 against the order dated 15/6/2007 made in ITA No.275/2005-2006 on the file of O/o Commissioner of Income Tax (Appeals) V Chennai-34 against the assessment order dated 31.03.2005 made in PAN AAAC0040213 on the file of Deputy Commissioner of Income Tax, Company Circle V(1) Chennai.
For Appellant : Mr.T.Ravi Kumar Senior Standing Counsel
For Respondent : Mr.R.Sivaraman
(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 dated 26.3.2008 made in ITA No.2320/Mds/2007, by raising the following substantial question of law:
"Whether in the facts and circumstances of the case, the Tribunal was right in holding that the assessee is eligible for the benefit of Section 10B in respect of profit from sale of scrap and spent
solution?"
Sd/-
Assistant Registrar(CS-VIII)
//True copy//
Sub Assistant Registrar
kpl
To
1. The Income Tax Appellant Tribunal Bench 'B'Chennai.
2. The Commissioner of Income Tax (Appeals) V,
121, Mahatma Gandhi Road, Chennai – 34.
3. The Deputy Commissioner of Income Tax,
Company Circle V(1), Chennai-34.
4. The Assistant Commissioner of Income Tax,
Company Circle V(1), Chennai-34.
Copy To
TCA No.41 of 2009.
VGI(CO) GMY(23/01/2019)
1 issue framed by the court
Whether the Revenue appeal should be allowed despite the Tribunal holding the assessee eligible for Section 10B benefits.
2 provisions across 1 enactments
Commissioner of Income Tax, Chennai
M/s. Orchid Chemicals & Pharmaceuticals Ltd.
Vineet Kothari
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
