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[Cites 2, Cited by 0]

Madras High Court

The Commissioner Of Income Tax vs M/S. Symantec Software And Services ... on 23 August, 2022

Author: R.Mahadevan

Bench: R. Mahadevan, Mohammed Shaffiq

                                                                             T.C.A.Nos.138 & 139 of 2018




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 23.08.2022

                                                       CORAM :

                           THE HONOURABLE MR. JUSTICE R. MAHADEVAN
                                              AND
                         THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ

                                            T.C.A.Nos.138 & 139 of 2018

                  The Commissioner of Income tax,
                  Chennai.                                          ... Appellant in both TCAs


                                                        Versus

                  M/s. Symantec Software and Services India Pvt. Ltd.,
                  1-124, Block 1C, 5th Floor, DLF IT Park,
                  Mount Poonamallee Road,
                  Moonlight Stop, Chennai 600 089.
                  PAN: AALCS 5422K                               ... Respondent in both TCAs



                            Appeals preferred under Section 260A of the Income Tax Act, 1961,
                  against the order dated 20.07.2016 passed by the Income Tax Appellate
                  Tribunal, “D” Bench, Chennai, in I.T.A.Nos.1289 & 1004/Mds/2015.


                            For Appellant          :      Mr.J.Narayanaswamy
                                                          Standing Counsel in both TCAs




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                                                                                        T.C.A.Nos.138 & 139 of 2018


                                                COMMON JUDGMENT

(Judgment of the Court was delivered by R.MAHADEVAN, J.) These tax case appeals have been filed by the appellant / Revenue, challenging the common order dated 20.07.2016 passed by the Income Tax Appellate Tribunal, “D” Bench, Chennai, in I.T.A.Nos.1289 & 1004/Mds/2015, relating to the assessment years 2010-11.

2.By order dated 28.09.2016, this court admitted the aforesaid tax case appeals on the following substantial question of law:

“Whether the Income Tax Appellate Tribunal erred in holding that expenditure incurred in foreign exchange towards telecommunication expenses, insurance expenses etc. had to be deducted form the total turnover for the purpose of computation of deduction under Section 10AA, in the light of Explanation 1(i) to Section 10AA of the Income Tax Act. 1961?"

3. When the matters were 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 appeals shall not be filed/pursued by the Department before the High Court in cases where the tax effect does not Page 2/4 https://www.mhc.tn.gov.in/judis T.C.A.Nos.138 & 139 of 2018 exceed Rs.1,00,00,000/- (Rupees One Crore). It is also submitted that the tax effect in these appeals 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 appeals, wherein, the tax effect is said to be less than the monetary limit imposed, are dismissed as withdrawn, keeping open the substantial question of law for determination in appropriate cases. No costs.

                                                                    (R.M.D., J.)    (M.S.Q., J.)
                                                                             23.08.2022

                  Internet : Yes
                  Index : Yes / No

                  To

1. The Income Tax Appellate Tribunal, “D” Bench, Chennai.

2. The Commissioner of Income Tax, Chennai.

3. The Deputy Commissioner of Income-tax, Corporate Circle - 6(2), Ayakar Bhavan,7th Floor, New Block, Chennai - 34.

R. MAHADEVAN, J.

Page 3/4 https://www.mhc.tn.gov.in/judis T.C.A.Nos.138 & 139 of 2018 and MOHAMMED SHAFFIQ, J.

av T.C.A.Nos.138 & 139 of 2018 23.08.2022 Page 4/4 https://www.mhc.tn.gov.in/judis