The High Court of Judicature at Madras dismissed the appeal as not pressed because the tax effect was below the Rs. 50 lakhs limit under Circular No. 3/2018, preserving the question for an appropriate case.
Appeal dismissed as not pressed; substantial question of law preserved.
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: 3.12.2018 CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI AND
THE HON'BLE DR.JUSTICE ANITA SUMANTH
Tax Case Appeal No.455 of 2009
The Commissioner of Income Tax-1, Coimbatore. Appellant / Appellant
Vs.
M/s.Sri Kannapiran Mills Ltd., 1 Sowripalayam, Coimbatore. (PAN No.AACCS9186Q) 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 'A' Bench, Chennai, dated 28.11.2008 made in ITA No.743/Mds/2007 against the order dated 12.01.2007 and made in Appeal No.125/06-07 Passed by the commissioner of Income Tax (Appeals)-I,Coimbatore against the order Panel Under Section 143(3) RW sec 254 of the IT ACT ,1961 for A.Y.1997-98 by the Assistant Commisioner of Income Tax,company Circle I(1), Coimbatore -18, dated 30.03.2006.
For Appellant : Mr.T.R.Senthilkumar Senior Standing Counsel For respondent : Mr.J.Balachander
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 'A' Bench, Chennai, dated 28.11.2008 made in ITA No.743/Mds/2007, by raising the following substantial question of law:
"Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the conversion charges has to be excluded in computing the income of the assessee, even though under clause (baa) of explanation to Section 80HHC in the adjusted book profits for computation of deduction as per the Income Tax Act, 1961?"
Sd/Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ssk. To 1.The commissioner of Income Tax-I,Coimbatore. 2. The commissioner of Income Tax (Appeals)-I,Coimbatore 3. The Assistant Commisioner of Income Tax,company Circle I (1), Coimbatore -18 +1cc to Mr. J.Balachander, Advocate SR.No. 82495 +1cc to Mr. T.R.Senthilkumar, Advocate SR.No. 83271 TCA No.455 of 2009 ASK(08/01/2019)
The Commissioner of Income Tax-1, Coimbatore
M/s. Sri Kannapiran Mills Ltd.
Vineet Kothari
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
