Revenue filed a Tax Case Appeal under Section 260A challenging the Tribunal's quashing of a revised assessment under Section 263. Due to the tax effect being below Rs. 50 lakhs, the appeal was dismissed as not pressed pursuant to CBDT Circular No. 3/2018.
Appeal dismissed as not pressed due to tax effect being under 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: 12.12.2018
CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE DR.JUSTICE ANITA SUMANTH
Tax Case Appeal No.634 of 2009
Commissioner of Income Tax Trichy I, Trichy.
G.Ranganathan
..Appellant/ Respondent
Vs.
..Respondent/ Appellant
Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Chennai 'A' Bench dated 22.8.2008 in ITA No.697/Mds/2006. Against the order of the Commissioner of Income Tax-I, Tiruchirappalli, dated:03/02/2006 made in C.No.6143(4) CIT-1/TRY/2005-06, and
Against the Assessment order Passed by the Deputy Commissioner of Income Tax Company Circle -I, Trichy, dated 10/12/2003, made in G.I.R.No.PAN.12-PR-196/AAGPF5301P.
For Appellant : Ms.Premalatha For Mr.M.Swaminathan Senior Standing Counsel
For Respondent : Mr.V.S.Jayakumar
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, Chennai 'A' Bench dated 22.8.2008 in ITA No.697/Mds/2006, 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 holding that the Commissioner of Income Tax was not justified in invoking the jurisdiction under Section 263 on the ground that the Assessing Officer has failed to make proper enquiries in certain aspects in the assessment and quashing the order under Section 263 for that reason?"
Sd/Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar
To 1.The Income Tax Appellate Tribunal, Chennai 'A' Bench, Chennai 2.The Commissioner of Income Tax-I, Tiruchirappalli. 3.The Deputy Commissioner of Income Tax, Company circle-I, Trichy. +1cc to Mr.V.S.Jayakumar, Advocate, S.R.No.86053 +1cc to Mr.S.Premalatha, Advocate, S.R.No.85911
TCA No.634 of 2009
EV(CO) GSP(04/01/2019)
1 issue framed by the court
Whether the Appellate Tribunal was right in quashing the revised assessment order under Section 263 on grounds of failure to make proper inquiries?
2 provisions across 1 enactments
Commissioner of Income Tax Trichy I
G.Ranganathan
Vineet Kothari
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
