The High Court dismissed the Revenue's appeal under Section 260A of the Income Tax Act, 1961, citing a low tax effect below the threshold specified in Circular No.17/2019. Substantial questions of law were left open.
The tax case appeal is dismissed on account of low tax effect; substantial questions of law are 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 : 16.6.2020
Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM
and
The Honourable Mrs.Justice PUSHPA SATHYANARAYANA
Tax Case Appeal No.1021 of 2015 The Commissioner of Income Tax, Chennai ...Appellant Vs M/s.Crescent Marine Ventures Ltd., Chennai-19. ...Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 25.5.2015 made in ITA.No.1110/Mds/2014 on the file of the Income Tax Appellate Tribunal, Chennai 'B' Bench for the assessment year 2003-04 against the order dated 31.01.2014 made in ITA.No.399/13-14 on the file of the Commissioner of Income-Tax(A)(C)-II, Chennai for the Assessment year 2003-04 and as against the order dated 26.12.2008 made in GIR/PAN.AAACC2139D on the file of the Assistant Commissioner of Income-tax, Company Circle-1(3), Chennai-34 for the Assessment year 2003-2004.
For Appellant: Mr.T.Ravikumar, SSC & Mrs.R.Hemalatha, SSC For Respondent: Mr.A.S.Sriraman
Judgment was delivered by T.S.Sivagnanam,J
We have heard Mr.T.Ravikumar and Mrs.R.Hemalatha learned Senior Standing Counsel appearing for the appellant – Revenue and Mr.A.S.Sriraman, learned counsel appearing for the respondent.
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“i. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the reassessment order passed is null and void ? and
ii. Is not the finding of the Tribunal bad, especially when the income had escaped assessment and the Assessing Officer has validly reopened the assessment ?”
To
1.The Income Tax Appellate Tribunal, Chennai 'B' Bench.
2.The Commissioner of Income Tax(A)(C)-II, Chennai
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3.The Assistant Commissioner of Income Tax, Company Circle -1(3) Chennai 34
4.The Commissioner of Income tax, Chennai.
TCA.No.1021 of 2015
eu(co)
aa29/09/2020
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1 provisions across 1 enactments
Commissioner of Income Tax, Chennai
M/s. Crescent Marine Ventures Ltd.
T.S.Sivagnanam
Pushpa Sathyanarayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
