Revenue appeal against ITAT order on allowability of leave salary provision under Section 43B(f). Dismissed for low tax effect per CBDT Circular No.9 of 2024, substantial questions of law left open. No costs; connected miscellaneous petition closed.
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T.C.A.No.885 of 2015
I N THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.10.2024
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR AND THE HON'BLE MR.JUSTICE C.SARAVANAN
Tax Case Appeal No.885 of 2015 and M.P.No.1 of 2015
The Commissioner of Income Tax Company Circle III, Chennai.
.... Appellant
Vs.
M/s.Tamil Nadu Small Industries Corporation Ltd., Thiru.Vi.Ka.Industrial Estate, Guindy, Chennai-32.
.... Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, 'C' Bench Chennai, dated 19.12.2014 made in I.T.A.No.1567/Mds/2014.
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T.C.A.No.885 of 2015
J U D G M E N T
(Delivered by R.SURESH KUMAR, J.)
This Tax Case Appeal has been filed by the Revenue calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, Chennai by raising the following substantial questions of law:
appellant Revenue that in the instant case, as per the CBDT's Circular No.9 of 2024 dated 17.09.2024 the tax effect is said to be less than the monetary limit imposed and therefore, the appeal can be disposed of, keeping the substantial questions of law raised in this appeal open for adjudication at a later point of
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T.C.A.No.885 of 2015
time.
NCS : Yes/No KST
(R.S.K.,J.) (C.S.N.,J.) 21.10.2024 2/2
To
The Income Tax Appellate Tribunal 'C' Bench, Chennai.
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T.C.A.No.885 of 2015
R.SURESH KUMAR, J. AND C.SARAVANAN, J.
KST
T.C.A.No.885 of 2015
21.10.2024
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1 issue framed by the court
Was provision for leave salary allowable under Section 43B(f) even if unpaid before the return filing due date?
2 provisions across 1 enactments
The Commissioner of Income Tax Company Circle III, Chennai
M/s.Tamil Nadu Small Industries Corporation Ltd.
R.Suresh Kumar
C.Saravanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
