The High Court dismissed the Revenue's appeal in a tax case where the tax effect was less than Rs.50 lakhs, citing a CIRD circular. Substantial questions of law remain open.
Tax Case dismissed as not pressed; substantial questions of law kept 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 : 08.01.2019
CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE DR.JUSTICE ANITA SUMANTH
Tax Case (A) No.1473 of 2007
Commissioner of Income Tax, Chennai.
... Appellant
Vs.
Dr.S.Kandhaswamy, 31, Water Tank Road, Erode.
... Respondent
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 184/Mds/2005 against the Order of Commissioner of Income Tax (Appeals) II Coimbatore dated 30/09/2005 and made in IT.A.No. 158-C/04-05 against the assessment Order dated 26/04/2004 and made in PANGIR.No. AETPK200/C of Assistant Commissioner of Income Tax, Central Circle – IV, Coimbatore for the Assessment Year 196-97 to 2002-03.
For Appellant : Mr.T.R.Senthilkumar Senior Standing Counsel Assisted by Ms.K.G.Usharani For Respondent : Mr.A.S.Sriraman
J U D G M E N T
(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
T.C (A)No.1473 of 2007
GJ(CO) GN(26/02/2019)
1 provisions across 1 enactments
Commissioner of Income Tax, Chennai
Dr. S. Kandhaswamy
VINEET KOTHARI
ANITA SUMANTH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
