Madras High Court
Commissioner Of Income Tax vs M/S.Soundararajan & Co on 5 September, 2019
Author: V.K
Bench: Vineet Kothari, C.Saravanan
Judgt. dt.5.9.19 in T.C.166 & 167/2007
CIT v. Soundararajan & Co.
1/4
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 5.9.2019
CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI
AND
THE HON'BLE MR.JUSTICE C.SARAVANAN
Tax Case No.166 & 167 of 2007
Commissioner of Income Tax
Chennai. Appellant
Vs.
M/s.Soundararajan & Co.
121, Tank Bund Road,
Nungambakkam, Chennai 600 034. Respondent
Tax Cases filed under Section 260A of the Income Tax Act, 1961
against the order of the Income Tax Appellate Tribunal, 'B' Bench,
Chennai, dated 10.3.2006 made in ITA Nos.931/Mds/2001 and
932/Mds/2001.
For Appellant : Mr.Karthik Ranganathan
Senior Standing Counsel assisted by
Mr.Rajesh, Jr. Standing Counsel
For Respondent : Mr.N.V.Balaji
COMMON JUDGMENT
(Delivered by DR.VINEET KOTHARI,J) These Tax Cases have been filed by the Revenue, calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, 'B' Bench, Chennai, 10.3.2006 made in ITA Nos.931/Mds/2001 and 932/Mds/2001, for the Assessment Years http://www.judis.nic.in Judgt. dt.5.9.19 in T.C.166 & 167/2007 CIT v. Soundararajan & Co.
2/41997-1998 and 1999-2000, by raising the following substantial question of law:
"Whether on the facts and circumstances of the case, the Tribunal was right in holding that the assessee is not liable to deduct tax at source on interest payments in respect of loans taken?"
2. When the matters are taken up for hearing, learned Senior Standing Counsel 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 cases, the tax effect is said to be less than the monetary limit imposed and therefore, the Appeals filed by the Revenue are dismissed, as withdrawn, keeping open the substantial question of law for determination in appropriate cases. No costs.
(V.K.,J.) (C.S.N.,J.)
5.9.2019
Index : Yes/No
Internet : Yes/No
ssk.
http://www.judis.nic.in
Judgt. dt.5.9.19 in T.C.166 & 167/2007 CIT v. Soundararajan & Co.
3/4To
1. Commissioner of Income Tax Chennai.
2. Income Tax Appellate Tribunal, 'B' Bench, Chennai.
3. M/s.Soundararajan & Co.
121, Tank Bund Road, Nungambakkam, Chennai 600 034.
4. The Income Tax Officer (TDS-IV) Chennai.
http://www.judis.nic.in Judgt. dt.5.9.19 in T.C.166 & 167/2007 CIT v. Soundararajan & Co.
4/4DR.VINEET KOTHARI, J.
and C.SARAVANAN, J.
ssk.
Tax Case Nos.166 & 167 of 2007 5.9.2019.
http://www.judis.nic.in