Commissioner of Income-tax, Chennai v. M/s. Indo Matsushita Carbon Co. Ltd
[Citation -2015-LL-0106-18]

Citation 2015-LL-0106-18
Appellant Name Commissioner of Income-tax, Chennai
Respondent Name M/s. Indo Matsushita Carbon Co. Ltd.
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 06/01/2015
Assessment Year 1992-93
Judgment View Judgment
Bot Summary: Respondent APPEAL under Section 260A of the Income Tax Act against the order dated 05.11.2004 made in M.P.No. 179/Mds/2004 in ITA No.298/Mds/98 on the file of the Income Tax Appellate Tribunal 'A' Bench, Chennai for the assessment year 1992-93. For Appellant : Mr.T.Ravikumar Standing counsel for Income Tax For Respondent: Mr.R.Venkatnarayanan JUDGMENT This Tax Case filed by the Revenue as against the order of the Income Tax Appellate Tribunal was admitted by this Court on the following substantial questions of law: 1. Whether in the facts and circumstances of the case, the Tribunal had the power to recall its earlier order and re-decide the issue 2. Learned counsel appearing for the respondent/assessee submits that the Miscellaneous order, against which the present appeal has been filed at the behest of the Revenue, has been recalled and the main appeal itself has been decided against the respondent/assessee by the Tribunal and hence nothing survives in the present appeal. Learned Standing Counsel appearing for the Revenue has also admitted this fact. Recording the above submission and the endorsement, this appeal is dismissed as infructuous.


In High Court of Judicature at Madras Dated: 06.01.2015 Coram Honourable Mr.JUSTICE R.SUDHAKAR and Honourable Mr.JUSTICE R.KARUPPIAH Tax Case (Appeal) No.872 of 2007 Commissioner of Income Tax, Chennai. .... Appellant Vs. M/s.Indo Matsushita Carbon Co. Ltd., 35,Nungambakkam High Road, Chennai 600 034. Respondent APPEAL under Section 260A of Income Tax Act against order dated 05.11.2004 made in M.P.No.179/Mds/2004 in ITA No.298/Mds/98 on file of Income Tax Appellate Tribunal 'A' Bench, Chennai for assessment year 1992-93. For Appellant : Mr.T.Ravikumar Standing counsel for Income Tax For Respondent: Mr.R.Venkatnarayanan JUDGMENT (Delivered by R.SUDHAKAR,J.) This Tax Case (Appeal) filed by Revenue as against order of Income Tax Appellate Tribunal was admitted by this Court on following substantial questions of law: "1. Whether in facts and circumstances of case, Tribunal had power to recall its earlier order and re-decide issue? 2. Whether on facts and circumstances of case, Tribunal was right in holding that issue was R.SUDHAKAR,J. AND R.KARUPPIAH,J. debatable at time of rectification of proceedings by Assessing Officer, when decision of this Hon'ble Court in case of Pandian Chemicals had been rendered prior to date of rectification? 2. Learned counsel appearing for respondent/assessee submits that Miscellaneous order, against which present appeal has been filed at behest of Revenue, has been recalled and main appeal itself has been decided against respondent/assessee by Tribunal and hence nothing survives in present appeal. He has also made endorsement to that effect. Learned Standing Counsel appearing for Revenue has also admitted this fact. 3. Recording above submission and endorsement, this appeal is dismissed as infructuous. No costs. Index :Yes/No (R.S.,J) (R.K.,J) Internet:Yes/No 06.01.2015 sl To 1. Income Tax Appellate Tribunal 'A' Bench, Chennai 2. Commissioner of Income Tax, Chennai. Tax Case (Appeal) No.872 of 2007 Commissioner of Income-tax, Chennai v. M/s. Indo Matsushita Carbon Co. Ltd
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