The High Court dismissed the Revenue's Section 260A appeal as it did not pursue the matter due to low tax effect, leaving substantial questions of law open without deciding them on merits.
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 : 17.06.2020
Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM
and
The Honourable Mrs.Justice PUSHPA SATHYANARAYANA
Tax Case Appeal No.1120 of 2015
Commissioner of Income Tax, No.63, Race Course Road, Coimbatore. ...Appellant/Respondent Vs
M/s.Craftsman Automation (P) Ltd., 15, LML Colony, Ammankulam Road, Coimbatore-641 037.
PAN: AAB CC 2461 K ...Respondent/Appellant
APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 17.04.2015 made in ITA No.2191/Mds/2010 on the file of the Income Tax Appellate Tribunal 'A' Bench, Chennai for the assessment year 2006-07, against the order dated 31.3.2009 made in PAN.No.AABCC2461K/2006-07 on the Additional Commissioner of Income Tax, Range IV, Coimbatore and the order dated 29-112010, made in IT Appeal No.13c/200-10. On the file of Commissioner of Income Tax,(Appeals)-I, Coimbatore.
Respondent :Mr.A.S.Sriraman
We have heard Mr.T.R.Senthil Kumar, learned Senior Standing Counsel assisted by Ms.K.G.Usha Rani, learned Junior Standing Counsel appearing for the appellant-Revenue and Mr.A.S.Sriraman, learned counsel for the respondent-assessee.
1
“1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in cancelling penalty levied under Section 271(1)(c) of the Income Tax Act, when the assessee furnished inaccurate particulars and claimed deduction under Section 80JJAA when the assessee is not eligible for the same?
Sd/Assistant Registrar
//True Copy//
Sub Assistant Registrar
2
abr
To
TCA.No.1120 of 2015
RLD(CO)
CB(25/09/2020)
3
1 issue framed by the court
Whether the appeal should be pursued given the low tax effect below the threshold limit in Circular No.17/2019.
3 provisions across 1 enactments
Commissioner of Income Tax, No.63, Race Course Road, Coimbatore
M/s.Craftsman Automation (P) Ltd.
T.S.SIVAGNANAM
PUSHPA SATHYANARAYANA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
