Madras High Court
Commissioner Of Income Tax vs M/S. Saksoft Ltd on 12 August, 2022
Author: R.Mahadevan
Bench: R. Mahadevan, Mohammed Shaffiq
T.C.A.No.843 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.08.2022
CORAM :
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
AND
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
T.C.A.No.843 of 2014
Commissioner of Income Tax,
Chennai. ... Appellant
Versus
M/s. Saksoft Ltd.,
38, Sriram Nivas,
V.K.Iyer Road, Mandaveli,
Chennai - 600 028. ... Respondent
Appeal preferred under Section 260A of the Income Tax Act, 1961,
against the order dated 23.12.2010 passed by the Income Tax Appellate
Tribunal, “A” Bench, Chennai, in I.T.A.No.1639/Mds/2010.
For Appellant : Mr.J.Narayanaswamy
Standing Counsel
For Respondent : Mr.R.Sivaraman
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T.C.A.No.843 of 2014
JUDGMENT
(Judgment of the Court was delivered by R.MAHADEVAN, J.) This tax case appeal has been filed by the appellant / Revenue, challenging the order dated 23.12.2010 passed by the Income Tax Appellate Tribunal, “A” Bench, Chennai, in I.T.A.No.1639/Mds/2010, relating to the assessment year 2005-06.
2.By order dated 05.11.2014, this court admitted the aforesaid tax case appeal on the following substantial questions of law:
“(i) Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the expenditure in foreign exchange is to be excluded from both export and total turnover while computing eligible deduction under Section 10B of the Income Tax Act?
(ii) Whether on the facts and in the circumstances of the case, the Tribunal was right in directing the assessing officer to take the total profit of the business without reducing the proportionate profit relating to domestic turnover while computing deduction under Section 10B of the Income Tax Act? "Page 2/4
https://www.mhc.tn.gov.in/judis T.C.A.No.843 of 2014
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 before the High Court in cases 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.)
12.08.2022
Internet : Yes
Index : Yes / No
av
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https://www.mhc.tn.gov.in/judis T.C.A.No.843 of 2014 R. MAHADEVAN, J.
and MOHAMMED SHAFFIQ, J.
av To
1. The Income Tax Appellate Tribunal, “A” Bench, Chennai.
2. The Commissioner of Income Tax, Chennai.
3. The Assistant Commissioner of Income - tax, Company Circle-VI(1), Chennai - 34.
4. The Commissioner of Income Tax (Appeals) - V, Chennai.
T.C.A.No.843 of 2014
12.08.2022 Page 4/4 https://www.mhc.tn.gov.in/judis