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Madras High Court

The Commissioner Of Income Tax vs M/S.E.T.A.Travel Agency Pvt Ltd on 8 June, 2016

Author: S.Manikumar

Bench: S.Manikumar, D.Krishnakumar

        

 
In the High Court of Judicature at Madras

Dated:  8/6/2016

C O R A M

The Honourable Mr.Justice S.Manikumar
and
The Honourable Mr.Justice D.Krishnakumar

Tax Case Appeal No.888 of 2009


The Commissioner of Income Tax
Chennai.					...		Appellant 


Vs

M/s.E.T.A.Travel Agency Pvt Ltd
90 Dr.Radhakrishnan Road
Chennai 600 004.			...		Respondent 


Prayer:	Appeal filed against the order of the Income Tax Appellate Tribunal, Madras 'A' Bench, Chennai, dated 17/4/2009 in ITA No.1500/Mds/2008. 

		For appellant        :  Mr.T.R.Senthil Kumar
					    Senior Standing Counsel 
					    for Income Tax.

		For respondent 	:  No appearance
- - - - - -





J U D G M E N T

(Judgment of the Court was made by S.Manikumar,J) This Appeal has been filed against the order of the Income Tax Appellate Tribunal, 'A' Bench, Madras, dated 17/4/2009.

2. The substantial question of law raised in the instant appeal is:-

Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that expenditure incurred in respect of renovation of leased premises is to be treated as revenue expenditure in spite of the Explanation 1 to Sec.32 of the Act?

3. Mr.T.R.Senthil Kumar, learned Senior Standing Counsel for Income Tax submitted that the tax implication in the instant appeal is less than the ceiling limit fixed by the Circular bearing No.21 of 2015, dated 10/12/2015. He further submitted that as per the Circular, Tax Appeals have been instructed to be withdrawn, subject to the matters covered under the Circular.

4. Placing on record the above submissions, while dismissing the Tax Case Appeal No.888 of 2009, as withdrawn, substantial question of law raised is left open. No costs.

(S.M.K.,J)          (D.K.K.,J)
								   8th June 2016.
mvs.


Index:  yes/No

website:  Yes/No.
S.MANIKUMAR,J

a n d

D.KRISHNAKUMAR,J

mvs.




	







Tax Case Appeal No.888 of 2009















8/6/2016