The High Court dismissed the Revenue's Tax Case Appeal (T.C. Appeal No. 1197 of 2009) as not pressed due to a new circular limiting appeals where tax effect is under Rs. 1 Crore, keeping substantial questions of law open.
Appeal 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: 10.09.2019
CORAM :
THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE MR.JUSTICE C.SARAVANAN
Tax Case Appeal No.1197 of 2009
Commissioner of Income Tax, Company Circle IV (2), Coimbatore. ... Appellant/Respondent Vs.
M/s.Lakshmi Machine Works Limited, (Formerly Textool Co. Ltd., Now merged with LMW) SRKV Post, Coimbatore-641 020. ... Respondent/Appellant
Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, 'D' Bench, Chennai, dated 25.01.2008 made in ITA No.1478/Mds/2005 for the Assessment year 1991-92.
against the Order of the Commissioner of Income Tax (Appeals)-I Madurai, Camp at Coimbatore, dated 22/03/2005 made in ITA.No. 89/2002-03 for the assessment year 1991-92 against the Order of the Assistant Commissioner of Income Tax Com. Circle IV (2)- Coimbatore – 18 dated 27/03/2002 made in PAN/GIR No. CY5637 for the assessment Year 1991-92.
For Petitioner : Mr.T.R.Senthilkumar Sr. Standing Counsel assisted by Ms.K.G.Usharani Jr. Standing Counsel For Respondent : Mr.Venkatnarayanan for M/s.Subbaraya Aiyar Padmanabhan
ORDER (Order of the Court was made by DR.VINEET KOTHARI,J.))
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, 'D' Bench, Chennai, by raising the following substantial questions of law:
"1.Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the reassessment made under Section 147 of the Income Tax Act was bad in law?
T.C.(A) No.1197 of 2009
VBA(CO) GN(15/10/2019)
2 issues framed by the court
Whether the Tribunal was right in holding that the reassessment under Section 147 was bad in law.
Whether reopening of assessment after expiry of 4 years without considering Explanation 2 to Section 147 is invalid.
2 provisions across 1 enactments
Commissioner of Income Tax, Company Circle IV (2), Coimbatore
M/s.Lakshmi Machine Works Limited
VINEET KOTHARI
C.SARAVANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
