Madras High Court
Commissioner Of Income Tax I vs M/S.Fisher Sanmar Ltd on 3 August, 2020
Author: V.K
Bench: Vineet Kothari, Krishnan Ramasamy
Order dt.03.08.2020 in T.C.A.No.413 of 2009
1/4
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.08.2020
CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI
AND
THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY
T.C.A.No.413 of 2009
Commissioner of Income Tax I,
Chennai ... Appellant
vs.
M/s.Fisher Sanmar Ltd.,
(Formerly Fisher
Xomox Sanman Ltd.)
9, Cathedral Road,
Chennai 600 006 ... Respondent
Prayer ::- Appeal filed against the order of the Income Tax Appellate
Tribunal, Chennai “A” Bench, dated 20.11.2008 in ITA No.2086/Mds/2007.
For appellant : Mr.Karthick Ranganathan
For respondent : Mr.R.Venkatanarayanan,
M/s.Subbaraya Aiyar Padmanabhan
ORDER
(Made by DR.VINEET KOTHARI, J.) The Court was held by Video Conference, as per the Resolution of the Full Court dated 3 July 2020, by Judges at their respective residence and the counsel, staff of the Court appearing from their respective residences.
http://www.judis.nic.in Order dt.03.08.2020 in T.C.A.No.413 of 2009 2/4
2. This Tax Case Appeal has been filed by the Revenue, calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, “A” Bench, 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 deduction u/s 8OHHC is to be allowed without deducting the deduction granted u/s 80IA?”
3. When the matter is taken up for hearing, learned Counsel for the appellant brought to our notice the Circular issued by the Central Board of Direct Taxes vide Circular No.17/2019 dated 8 August 2019, 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).
4. In the instant case, the tax effect is said to be less than the monetary limit imposed and therefore, the Appeal filed by the Revenue is dismissed as withdrawn, keeping open the substantial question of law for determination in appropriate cases. No costs.
(V.K.,J.) (K.R.,J.)
03.08.2020
kpl/tar
http://www.judis.nic.in
Order dt.03.08.2020 in T.C.A.No.413 of 2009 3/4 To M/s.Fisher Sanmar Ltd., (Formerly Fisher Xomox Sanman Ltd.) 9, Cathedral Road, Chennai 600 006 http://www.judis.nic.in Order dt.03.08.2020 in T.C.A.No.413 of 2009 4/4 DR.VINEET KOTHARI, J.
and KRISHNAN RAMASAMY, J.
(tar) T.C.A.No.413 of 2009 03.08.2020 http://www.judis.nic.in