Madras High Court
The Principal Commissioner Of vs M/S.Paragon Steels Pvt. Ltd on 7 December, 2017
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam
In the High Court of Judicature at Madras Dated : 07.12.2017 Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mr.Justice K.RAVICHANDRABAABU Tax Case Appeal No.579 of 2017 The Principal Commissioner of Income Tax-1, No.63, Race Course Road, Coimbatore. ...Appellant Vs M/s.Paragon Steels Pvt. Ltd., Coimbatore-18. ...Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 03.3.2017 made in MP.No.214/Mds/2016 in ITA.No.887/Mds/ 2015 on the file of the Income Tax Appellate Tribunal, Madras 'D' Bench for the assessment year 2008-09.
For Appellant : Mr.T.R.Senthilkumar, SSC Judgment was delivered by T.S.SIVAGNANAM,J Heard Mr.T.R.Senthilkumar, learned Senior Standing Counsel for the appellant.
2. This appeal is directed against the order passed by the Income Tax Appellate Tribunal, 'D' Bench, Chennai made in MP.No.214/Mds/2016 in ITA. No.887/Mds/2015 dated 03.3.2017.
(2)T.S.SIVAGNANAM,J AND K.RAVICHANDRABAABU,J RS
3. The said miscellaneous petition was filed by the Revenue before the Tribunal on the ground that Circular No.21/2015 of the Central Board of Direct Taxes is not applicable to the appeal filed by the Revenue. The Tribunal verified the original files and on perusal of the the approval granted by the Principal Commissioner of Income Tax under Rule 15 of the Appellate Tribunal Rules, 1963, the Tribunal found that the appeal was filed in the regular course and not on the basis of the audit objections. The Tribunal ultimately concluded that paragraph 8 of Circular No.21/2015 issued by the Central Board of Direct Taxes is not applicable and accordingly, the said miscellaneous petition filed by the Revenue was rejected. The Tribunal, after having considered the factual position and verified the original files, has taken a decision in the matter and we find no substantial question of law arises for consideration in this appeal, as the entire finding is factual.
4. For the above reasons, the above tax case appeal is dismissed.
(T.S.S.J.) (K.R.C.B.J.) 07.12.2017 Speaking (or) Non Speaking Order Index/Internet : Yes (or) No To The Income Tax Appellate Tribunal, Madras 'D' Bench.
TCA.No.579 of 2017