Dismissed
Commissioner of Income Tax-I v. M/S Cethar Vessels P Ltd.
Madras HCTCA/663/2009
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COURT OF JUDICATURE AT MADRAS DATED:…
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.03.2019
CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN Tax Case Appeal Nos.663 to 665 of 2009
Commissioner of Income Tax-I, Tiruchirapalli. .. Appellant / Respondent in all TCAs. Vs. M/s.Cethar Vessels (P) Ltd., No.4, Dindigul Road, Tiruchirapalli. .. Respondent / Appellant in all TCAs. -----
Tax Case Appeals filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Chennai 'C' Bench, Chennai, dated 24.04.2004 made in I.T.A.Nos.2171, 2172, 2173 (Mds.)/2003, respectively, in respect of Assessment Years 1996-97, 1997-98 and 1998-99. Against the order of the Commissioner of Income Tax (Appeals), Tiruchirappalli dated 12.08.2003 and made in ITA Nos.234, 235 and 236/2002-03 against the order of the Deputy Commissioner of Income Tax, Tiruchirappalli dated 16.09.1998, 17.08.1999 and 22.02.2001 made in PAN/GIR Nos.105 C and AAACC2721M for the Assessment Years 1996-97, 1997-98 and 1998-99 respectively.
For Appellant : Mr.M.Swaminathan, in all TCAs Standing Counsel, assisted by Mrs.S.Premalatha, Jr.Stdg. Counsel For Respondent : Mr.M.P.Senthil Kumar in all TCAs ----J U D G M E N T
(Delivered by DR.VINEET KOTHARI,J)
These Tax Case Appeals have been filed by the Revenue calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, dated 24.04.2004 in
I.T.A.Nos.2171, 2172, 2173 (Mds.)/2003, by raising the following substantial question of law:
"Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the orders of rectification u/s 154 for the assessment years 1996-97, 1997-98, 1998-99 rectifying the deduction u/s 80IA by excluding the interest on fixed deposits and recurring deposits from the profit of the new industrial unit were not valid on the ground that there were no mistakes apparent from record, overlooking that the rectifications have been made on the basis of facts available on record and based on the decisions of the Supreme Court ? "
Sd/Assistant Registrar (CS-IV) //True Copy// sra Sub Assistant Registrar To 1) The Commissioner of Income Tax – I, Tiruchirappalli. 2) The Commissioner of Income Tax (Appeals), Tiruchirappalli 3) The Deputy Commissioner of Income Tax, Tiruchirappalli +1 cc to Mr.M.Swaminathan, Advocate, S.R.No.21434 +1 cc to Mr.Philip George, Advocate, S.R.No.21931
TCA Nos.663 to 665 of 2009
NMI(CO) SSM(04/04/2019).
Commissioner of Income Tax-I, Tiruchirapalli
M/s Cethar Vessels (P) Ltd.
Vineet Kothari
C.V.Karthikeyan
As recorded by the court registry
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