A tax case appeal appealing against Tax Case Appeal No. 1173 of 2015 against the Tribunal's order regarding Section 2(22)(e) was dismissed because the tax effect was below the threshold limit specified in Circular No. 17/2019.
Tax case appeal dismissed due to low tax effect below the threshold limit of Circular No. 17/2019.
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 : 18.06.2020
Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM
and
The Honourable Mrs.Justice PUSHPA SATHYANARAYANA
Tax Case Appeal No.1173 of 2015
Principal Commissioner of Income Tax, Central II, No.108, Nungambakkam High Road, Chennai-600 034. ...Appellant -vsShri.Padmasingh Isaac, G-1174, Rose Residency, 15th Street, Belly Area, Anna Nagar West, Chennai-600 040. PAN: AID PP 3634L ...Respondent
APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 29.05.2015 made in I.T.A.No.1266/Mds/2013 on the file of the Income Tax Appellate Tribunal 'C' Bench, Chennai for the assessment year 2008-09 against the order dated 11/03/2013 and made in ITA.No.192/11-12 and 107/12-13 on the file of the Commissioner of Income Tax (Appeals)-I, Chennai preferred against the order dated 30/12/2011 and made in PAN.No.AIDPP 3634L on the file of the Assistant Commissioner of Income Tax, Central Circle II(3), Chennai.
For Appellant : Mr.T.R.Senthil Kumar, SSC Ms.K.G.Usha Rani, Standing Counsel
For Respondent: Served – No appearance Judgment was delivered by T.S.Sivagnanam,J.
We have heard Mr.T.R.Senthil Kumar, learned Senior Standing Counsel and Ms.K.G.Usha Rani, learned Standing Counsel appearing for the appellant-Revenue.
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“1. Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in coming to a conclusion that the amount received by the assessee is not in the nature of loan or advances and therefore deleting the deemed income chargeable u/s.2(22)(e) of the Income Tax Act?
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this Court to restore the appeal to be heard and decided on merits.
-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
abr
To
1.The Income Tax Appellate Tribunal
'C' Bench Chennai
2.The Principal Commissioner of Income Tax,
Central II, No.108, Nungambakkam High Road,
Chennai-600 034
3.The Commissioner of Income Tax,
(Appeals)-I Chennai
4.The Assistant Commissioner of Income Tax,
Central Circle II(3)
Chennai.
TCA.No.1173 of 2015
aa09/09/2020
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Principal Commissioner of Income Tax
Shri. Padmasingh Isaac
T.S.Sivagnanam
Pushpa Sathyanarayana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
