Madras High Court
The Commissioner Of Income Tax vs M/S.Refex Industries Ltd on 1 October, 2024
Bench: R.Suresh Kumar, C.Saravanan
T.C.A.No.470 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2024
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR
AND
THE HON'BLE MR.JUSTICE C.SARAVANAN
Tax Case Appeal No.470 of 2015
The Commissioner of Income Tax
Chennai. ... Appellant
Vs.
M/s.Refex Industries Ltd
Formerly Refex Refrigerators Ltd
No.20, Mooker Nallamuthu Street
George Town, Chennai 600 001. ... Respondent
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Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961
against the order of the Income Tax Appellate Tribunal, Madras 'C' Bench,
Chennai, dated 09.09.2014 made in ITA No.972/Mds/2014.
For Appellant : Mrs.V.Pushpa
Senior Standing Counsel
For Respondent : Mr.N.V.Balaji
JUDGMENT
(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, 'C' Bench, Chennai and the appeal was admitted on the following substantial question of law:
https://www.mhc.tn.gov.in/judis T.C.A.No.470 of 2015 "Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the order passed u/s.263 is not valid?"
2. It is brought to our notice by the learned Standing Counsel for the appellant Revenue that in the instant case, the tax effect is said to be less than the monetary limit imposed and therefore, the appeal filed by the Revenue can be disposed of, keeping the substantial question of law raised in this appeal open for adjudication at a later point of time.
3. Recording the said submission, this Tax Case Appeal is dismissed for low tax effect, keeping open the substantial question of law for adjudication at appropriate stage. No costs.
(R.S.K.,J.) (C.S.N.,J.)
01.10.2024
NCS : Yes/No
Index : Yes/No
KST
To
The Income Tax Appellate Tribunal 'C' Bench, Chennai.
https://www.mhc.tn.gov.in/judis T.C.A.No.470 of 2015 R.SURESH KUMAR, J.
AND C.SARAVANAN, J.
KST T.C.A.No.470 of 2015 01.10.2024 https://www.mhc.tn.gov.in/judis