The High Court considered the correctness of QCs outside its substantive provisions. The appeal was dismissed as withdrawn due to tax effect limits, though the substantial question of law regarding loss set-off remains open.
The appeal is dismissed as withdrawn. The substantial question of law is 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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 5.9.2019
CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI
AND
THE HON'BLE MR.JUSTICE C.SARAVANAN
Tax Case No.606 of 2008
The Commissioner of Income Tax Tamil Nadu-I, Madras. Appellant Vs.
M/s.Karmen International (P) Ltd., Plot No.12, Ponniamman Nagar Road, Ayanambakam, Chennai 600 095. Respondent
Tax Case filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, 'B' Bench, Chennai, dated 7.12.2007 made in ITA No.550/Mds/2007 and against the Commissioner of Income Tax (Appeals)-III, Chennai -34 and made in ITA.No.1/2006-07 dated 09/10/2006 and against the order of Income Tax Officer, Company Ward II(1), Chennai -34 and PAN./GIR.No.AAACK8998A, dated 15/03/2006.
For Appellant : Mr.Karthik Ranganathan Senior Standing Counsel For Respondent : Mr.S.Sridhar
JUDGMENT (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, 'B' Bench, Chennai, dated 7.12.2007 made in ITA No.64/Mds/2007, for the Assessment Year 2003-2004, 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, since the assessee was maintaining separate books of accounts in respect of export unit, deduction under Section 80 HHC should be
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allowed without setting off the loss of the domestic unit against the profit of the export unit is valid in law?"
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
1. The Commissioner of Income Tax
Tamil Nadu-I, Madras.
2. Income Tax Appellate Tribunal,
'B' Bench, Chennai.
+1 cc to M/s.S.Sridhar,Advocate Sr.No. 76657 AKM/08.11.19/2P-5C /
T.C.No.606 of 2008
The Commissioner of Income Tax Tamil Nadu-I, Madras.
M/s.Karmen International (P) Ltd.
VINEET KOTHARI
C.SARAVANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
