Madras High Court
Commissioner Of Income Tax vs M/S.Shriram Epc Ltd on 30 October, 2019
Author: C.Saravanan
Bench: Vineet Kothari, C.Saravanan
Judgment dt. 30.10.2019 in TC(A) Nos.757, 759 and 764 of 2019
Commissioner of Income Tax v. M/s.Shriram EPC Ltd.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.10.2019
CORAM :
THE HON'BLE DR.VINEET KOTHARI, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE C.SARAVANAN
Tax Case (Appeal) Nos.757, 759, 764 of 2019
Commissioner of Income Tax
Chennai. .. Appellant in all
the Appeals
v.
M/s.Shriram EPC Ltd.,
Mookambika Complex,
3rd Floor, No.4, Lady Desika Road,
Mylapore, Chennai-600 004 .. Respondent in
all the Appeals
Tax Case Appeals filed under Section 260A of the Income Tax
Act, 1961, against the order of the Income Tax Appellate Tribunal, 'C'
Bench, Chennai, dated 10.09.2012 made in ITA.Nos.897/mds/2012,
896/mds/2012 and 895/mds/2012, respectively.
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Page 1 of 4
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Judgment dt. 30.10.2019 in TC(A) Nos.757, 759 and 764 of 2019
Commissioner of Income Tax v. M/s.Shriram EPC Ltd.,
For Appellant : Mr.J.Narayanaswamy
Sr.Standing Counsel
COMMON JUDGMENT
(Delivered by The Hon'ble Acting Chief Justice) These Tax Case Appeals have been filed by the Revenue, calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, 'C' Bench, Chennai, dated 10.09.2012, for the Assessment Years 2007-08, 2006-07 and 2005-06, respectively, by raising the following substantial questions of law:
“1.Whether under the facts and circumstances of the case, the Income Tax Appellate Tribunal was correct in upholding the order of the Commissioner of Income Tax (Appeals) direct the Assessing Officer to delete disallowance of depreciation on knowhow?
2.Whether under the facts and circumstances of the case, the Income Tax Appellate Tribunal was correct in upholding the order of the Commissioner of Income Tax (Appeals) directing the Assessing Officer to delete disallowance of deduction under Section 80IA?” __________ Page 2 of 4 http://www.judis.nic.in Judgment dt. 30.10.2019 in TC(A) Nos.757, 759 and 764 of 2019 Commissioner of Income Tax v. M/s.Shriram EPC Ltd.,
2. When the matter is taken up for hearing, the learned Senior Standing Counsel appearing for the Revenue has brought to our notice the Circular instruction issued by the Central Board of Direct Taxes vide Circular No.17/2019 dated 8th August 2019, wherein, it is stipulated that appeals shall not be filed/pursued by the Department before the High Court in cases where the tax effect does not exceed Rs.1,00,00,000/- (Rupees One Crore).
3. In the instant case, the tax effect is said to be less than the monetary limit imposed and, therefore, the Appeals filed by the Revenue is dismissed as withdrawn, keeping open the substantial questions of law for determination in appropriate cases. No costs.
(V.K.,ACJ.) (C.S.N.,J.)
30.10.2019
Index : No
msk
THE HON'BLE ACTING CHIEF JUSTICE
AND
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Page 3 of 4
http://www.judis.nic.in
Judgment dt. 30.10.2019 in TC(A) Nos.757, 759 and 764 of 2019 Commissioner of Income Tax v. M/s.Shriram EPC Ltd., C.SARAVANAN, J.
msk To:
1. The Registrar, Income Tax Appellate Tribunal, 'C' Bench, Chennai.Tax Case (Appeal) Nos.757, 759
and 764 of 2019 30.10.2019 __________ Page 4 of 4 http://www.judis.nic.in