Madras High Court
The Commissioner Of Income Tax vs M/S.Orchid Chemicals & Phamaceuticals ... on 19 November, 2018
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam, N.Sathish Kumar
1
In the High Court of Judicature at Madras
Dated : 19.11.2018
Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM
and
The Honourable Mrs.Justice N.SATHISH KUMAR
Tax Case Appeal Nos.1549 & 1550 of 2008
The Commissioner of Income Tax,
Chennai ...Appellant in
both the appeals
Vs.
M/s.Orchid Chemicals & Phamaceuticals Ltd.,
313 Valluvarkottam High Road,
Chennai-37 ...Respondent in
both the appeals
APPEALS under Section 260A of the Income Tax Act, 1961
against the common order dated 28.03.2008 in ITA No.780/Mds/2007
and ITA No.786/Mds/2007 on the file of the Income Tax Appellate
Tribunal Madras 'B' Bench for the assessment years 2001-02 and
2002-03, respectively.
For Appellant : Mr.Karthik Renganathan
For Respondent : Mr.R.Meenakshi Sundaram
http://www.judis.nic.in
2
COMMON JUDGMENT
(Judgment was delivered by T.S.SIVAGNANAM,J.) These appeals by the Revenue, filed under Section 260-A of the Income Tax Act, 1961 (The 'Act' for brevity), are directed against the order passed by the Income Tax Appellate Tribunal, Madras 'B' Bench, in ITA Nos.780 and 786/Mds/2007, for the Assessment years 2001-02 and 2002-03, respectively.
2.The Appeals have been admitted, by order dated 26.09.2008, on the following Substantial Question of Law:
"Whether on the facts and circumstances of the case, the Tribunal was right in holding that the fees paid by the assessee to a Singapore Company for carrying out clinical research for its drug formulations are not taxable in India, and that the assessee was right in not having deducted tax at source?”
3.Heard Mr.Karthik Renganathan, the learned counsel for the appellant/Revenue and Mr.R.Meenakshi Sundaram, the learned Counsel for the respondent/assessee.
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4.The Revenue seeks to withdraw the appeals on account of low tax effect in terms of Circular No.3 of 2018, dated 11.7.2018, issued by the Central Board of Direct Taxes.
5. In the light of the above, the appeals are dismissed as withdrawn and the Substantial Question of Law framed is left open. In the event, in each of the cases, the tax effect is above the threshold limit fixed in the said Circular, liberty is granted to the Revenue to make a mention to this Court to restore the appeals to be heard and decided on merits. No costs.
(T.S.S.J.) (N.S.K.J.) 19.11.2018 Speaking (or) Non Speaking Order Index : Yes (or) No Internet : Yes (or) No To The Income Tax Appellate Tribunal, Madras 'B' Bench.
http://www.judis.nic.in 4 T.S.SIVAGNANAM,J.
and N.SATHISH KUMAR,J.
msk TCA.Nos.1549 and 1550 of 2008 19.11.2018 http://www.judis.nic.in