The Bench allowed this Tax Case Appeal based on the decision in TCA No. 342 of 2009 regarding the inclusion of waste cotton sale income in total turnover.
The tax case appeal is allowed in terms of the order dated 02.01.2019 in TCA No. 342 of 2009.
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.
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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 Appeal No.1942 of 2008
M/s. Rajapalayam Mills Ltd. PAC Ramaswamy Raja Salai Rajapalayam 626 117.
.. Appellant Vs. .. Respondent
The Assistant Commissioner of Income Tax Circle I, Virudhunagar.
Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal "B" Bench, Chennai, dated 31.7.2008 passed in ITA No.261/Mds/2007.
----For Appellant : Ms.Akshita For Mr.P.J.Rishikesh For Respondent : Mr.M.Swaminathan Senior Standing Counsel -----
The assessee, who is engaged in the business of manufacturing and export of yarn and biotechnology products, has come up with the above appeal challenging an order of the Income Tax Appellate Tribunal dated
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31.7.2008 relating to Assessment Year 2003-04 and the appeal has been
admitted on the following substantial question of law:
"Whether in facts and circumstances of the case,
the Tribunal was right in holding that the income earned
out of sale of Waste cotton would form part of total
income?"
cotton waste, as part of the total turnover of the appellant.
Index : Yes/No (V.K.J.) (A.S.M.J.) Internet : Yes/No 08.01.2019
kpl
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To
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DR.VINEET KOTHARI,J, and DR.ANITA SUMANTH,J
kpl
TCA No.1942 of 2008.
08.01.2019
1 issue framed by the court
Whether the Tribunal was right in holding that income earned out of the sale of waste cotton forms part of total income?
2 provisions across 1 enactments
M/s. Rajapalayam Mills Ltd.
The Assistant Commissioner of Income Tax Circle I, Virudhunagar
Vineet Kothari
Anita Sumanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
