The High Court of Madras filed the Revenue's Tax Case Appeal due to insufficient tax effect under Circular 17/2019 and dismissed the appeal as not pressed, reserving the substantive legal question for future determination.
Appeal dismissed as not pressed without prejudice to the substantial question of law.
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: 16.09.2019
CORAM :
THE HON'BLE DR.JUSTICE VINEET KOTHARI AND
THE HON'BLE MR.JUSTICE C.SARAVANAN
Tax Case Appeal No.30 of 2009
Commissioner of Income Tax, Chennai.
... Appellant
Vs.
M/s.Teledata Informatics Limited,
2AB, Gee Gee Emerald,
151, Village Road, Nungambakkam,
Chennai-600 034.
... Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras 'C' Bench, Chennai, dated 14.08.2008 made in ITA No.2427/Mds/2007 against the order of Commissioner of Income Tax Appeals VIII, Chennai dated 02.08.2007 and pertains of assessment year 2003-2004 against thr assessment order passed under section 143(3) of the I.T. Act 1961 dated 29.03.2006 by ACIT, Company Circle III(2) Chennai for the assessment year 2003-2004.
For Appellant : Ms.V.Puspha Jr. Standing Counsel
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, Madras 'C' Bench, Chennai, by raising the following substantial question of law:
"Whether on the facts and circumstances of the case, the Tribunal was right in holding that the amount of export proceeds not realised within he
statutory time limit, should be excluded from the turnover as well as the profit?”
1 issue framed by the court
Whether the Tax Case Appeal filed by the Revenue should proceed given the tax effect is less than the monetary limit specified in Circular No.17/2019 dated 08.08.2019.
2 provisions across 2 enactments
Commissioner of Income Tax, Chennai
M/s. Teledata Informatics Limited
Vineet Kothari
C. Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
