The High Court dismissed the Tax Case filed by the Revenue due to the tax effect being below the Rs.50 lakh monetary limit under Circular No.3/2018. The Court kept the substantial questions of law open for future determination in an appropriate case.
Tax Case dismissed as not pressed; substantial questions of law kept open for appropriate case.
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 : 08.01.2019
CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI
AND
THE HON'BLE DR.JUSTICE ANITA SUMANTH
Tax Case(A) No.1472 of 2007
Commissioner of Income Tax, Central, Chennai. ... Appellant /Respondent
Vs.
Dr.S.Dhanabagyam, 31, Water Tank Road, Erode. ... Respondent /Appellant
Tax Case filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras 'D' Bench, Chennai, dated 28.02.2007 made in ITA No.IT ss A 183/Mds/2005. Against the Order of Commissioner of Income Tax (Appeals) II, Coimbatore dated 30/09/2005 and made in ITA.No. 157-C/04-05 against the order of Assistant Commissioner of Income Tax, Central Circle IV, Coimbatore, dated 26/04/2004 and made in PAN.AFQPD0510D for the Assessment Year 1996-97 to 2002-03.
For Appellant : Mr.T.R.Senthilkumar
Senior Standing Counsel
Assisted by Ms.K.G.Usharani
For Respondent : Mr.A.S.Sriraman
(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, 'D' Bench by raising the following substantial questions of law:
"(i) Whether, in the facts and circumstances of the case, the Tribunal was right in deleting the addition made on account of on money payment towards purchase of land which was admitted by the assessee during the search.
(ii) Whether, in the facts and circumstances of the case, the Tribunal was right in deleting the addition made on account of on money payment towards purchase of land, when on enquiry by the investigation wing, 91 persons denied the payment towards the share application monies, as against the claim of the assess that the said share application monies were utilized for purchase of the land.?"
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
1.The Income Tax Appellate Tribunal,
Madras D Bench, Chennai.
2.The Commissioner of Income Tax (Appeals) -II, coimbatore. 3.The Assistant Commissioner of Income Tax, Central Circle IV, Coimbatore.
+1cc to Mr.T.R.Senthil Kumar, Advocate, S.R.No.2617
T.C (A)No.1472 of 2007
GJ(CO) GN(26/02/2019)
1 issue framed by the court
Whether the Tax Case filed by the Revenue should be admitted given the application of Central Board Circular No.3/2018 limiting appeals to cases with tax effect over Rs.50 lakhs.
1 provisions across 1 enactments
Commissioner of Income Tax, Central, Chennai
Dr.S.Dhanabagyam
VINEET KOTHARI
ANITA SUMANTH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
