The High Court dismissed the Income Tax Case Appeal because the impugned Tribunal order was recalled in a miscellaneous petition. The court held that nothing survives for consideration and left the substantial questions of law open.
No relief granted as the appealed order was recalled. Substantial questions of law left 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 : 12.06.2019
CORAM :
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
Tax Case No.523 of 2018
M/s.Tamil Nadu Co-operative State Agricultural & Rural Development Bank Ltd., 181-183, Luz Church Road, Mylapore, Chennai – 600 004. ...Appellant -vs-
The Assistant Commissioner of Income Tax, Non-Corporate Circle – 2, Chennai – 600 034. ...Respondent
Tax Case Appeal filed under Section 260-A of the Income Tax Act, 1961, directed against the order passed by the Income Tax Appellate Tribunal, Chennai “B” Bench, in I.T.A No.1552/Mds/2017, dated 16.11.2017 for the assessment year 2010-11 againt the Order of the Commissioner of Income Tax, (Appeals) - 2, Chennai in PAN AABAT 7344J, dated 29.03.2017.
This Tax Case Appeal by the assessee filed under Section 260-A of the Income Tax Act, 1961, ('the Act' for brevity) is directed against the order passed by the Income Tax Appellate Tribunal, Chennai “B” Bench, in I.T.A No.1552/Mds/2017, dated 16.11.2017 for the assessment year 2010-11.
2.The above Tax Case Appeal has been filed raising the following substantial question of law:-
“(i) Whether the Appellate Tribunal is right
in passing a non speaking order on the issue relating to the eligibility for making deduction u/Sec.80P of the Act in the computation of taxable total income for the assessment year 2010-11?
(ii) Whether the Appellate Tribunal is correct in their interpretation of Section 80P of the Act so
as to deny such deduction in overlooking the factual aspects pertaining to the activities of the appellant and the decisions rendered by this Court under identical circumstances?
(iii) Whether the Appellate Tribunal is correct in not adjudicating the issue relating to the eligibility for carry forward of losses pertaining to the assessment year 2007-08 for set off in the computation of taxable total income for the assessment year 2010-11 in the light of the CBDT's circular No.9/2015 dated 09.06.2015?”
consideration in this appeal. Accordingly, the above Tax Case Appeal is dismissed and the substantial questions of law are left open. No costs. mrm Sd/-
Assistant Registrar(CS VI)
//True Copy// Sub Assistant Registrar
To 1. The Income Tax Appellate Tribunal “B” Bench, Madras 2. The Commissioner of Income Tax, (Appeals), 121,M.G.Raod, Nungambakkam, Chennai -34. +1cc to Mr.S.Sridhar, Advocate, SR.No.48218 +1cc to Mr.T.Ravi Kumar, Advocate, SR.No.47322
Tax Case No.523 of 2018
Kak(16/09/2019)
M/s.Tamil Nadu Co-operative State Agricultural & Rural Development Bank Ltd.
The Assistant Commissioner of Income Tax, Non-Corporate Circle – 2, Chennai – 600 034
T.S.Sivagnanam
V.Bhavani Subbaroyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
