Madras High Court
The Commissioner Of Income - Tax - I vs M/S. Golden Refineries (P) Ltd on 25 November, 2021
Author: R. Mahadevan
Bench: R. Mahadevan, Mohammed Shaffiq
Tax Case Appeal No.411 of 2009
N THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2021
CORAM :
THE HON'BLE MR. JUSTICE R. MAHADEVAN
AND
THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ
Tax Case Appeal No.411 of 2009
The Commissioner of Income - tax - I,
Coimbatore.
...Appellant
-vs-
M/s. Golden Refineries (P) Ltd.,
Karattupalayam, Mulanur Road,
Vellakoil, Erode.
PAN - AABCG1071F
...Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961
against the order of the Income Tax Appellate Tribunal, “A” Bench Chennai
dated 13.10.2008 passed in I.T.(SS).A.No.92/Mds/2007.
For Appellant : Mr.Karthik Ranganathan,
Standing Counsel
For Respondent : Mr. Niranjan Rajagopal
for M/s. G.R. Associates
https://www.mhc.tn.gov.in/judis
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Tax Case Appeal No.411 of 2009
JUDGMENT
(Judgment was delivered by R. MAHADEVAN, J.) This tax case appeal has been filed by the appellant / Revenue, challenging the order dated 13.10.2008 passed by the Income Tax Appellate Tribunal, “A” Bench, Chennai, in I.T.(SS).A.No.92/Mds/2007, relating to the assessment years 1991-92 to 2001-02.
2. By order dated 22.02.2011, this court admitted the aforesaid tax case appeal on the following substantial question of law:-
"Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in law in deleting the penalty under Section 158-BFA(2) of the Income Tax Act. 1961?"
3. When the matter was taken up for consideration, the learned counsel for the appellant / Revenue brought to the notice of this court the Circular No.17/2019 dated 08.08.2019 issued by the Central Board Direct Taxes, wherein, it is stipulated that appeal shall not be filed/pursued by the Department https://www.mhc.tn.gov.in/judis 2/4 Tax Case Appeal No.411 of 2009 before the High Court in case where the tax effect does not exceed Rs.1,00,00,000/- (Rupees One Crore). It is also submitted that the tax effect in this appeal is less than the threshold limit.
4. In the light of the aforesaid submissions made by the learned counsel for the appellant / Revenue, the present appeal, wherein, the tax effect is said to be less than the monetary limit imposed, is dismissed as withdrawn, keeping open the substantial question of law for determination in an appropriate case. No costs.
[R.M.D., J.] [M.S.Q.,
J.]
25.11.2021
av
Internet : Yes
Index : Yes / No
To
1. The Commissioner of Income Tax - I, Coimbatore.
2. The Income Tax Appellate Tribunal, “A” Bench, Chennai.
3. The Assistant Commissioner of I.T., Central Circle - I, Coimbatore.
https://www.mhc.tn.gov.in/judis 3/4 Tax Case Appeal No.411 of 2009 R. MAHADEVAN, J.
AND MOHAMMED SHAFFIQ, J.
av Tax Case Appeal No.411 of 2009 25.11.2021 https://www.mhc.tn.gov.in/judis 4/4