Dugar Housing Development Finance India Limited (formerly known as M/s. J.Paq Solutions Ltd.) v. The Assistant Commissioner of Income-tax, Company Circle II(3), Chennai-34
[Citation -2019-LL-0725-25]

Citation 2019-LL-0725-25
Appellant Name Dugar Housing Development Finance India Limited (formerly known as M/s. J.Paq Solutions Ltd.)
Respondent Name The Assistant Commissioner of Income-tax, Company Circle II(3), Chennai-34
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 25/07/2019
Assessment Year 1999-00
Judgment View Judgment
Keyword Tags change in method of accounting • interest expenditure • interest charge
Bot Summary: 2208/(Mds)/2007 on the file of the Income Tax Appellate Tribunal, Chennai 'A' Bench for the assessment year 1999-2000. For Appellant : Mr.V.S.Jayakumar For Respondent : Mr.Karthik Ranganathan, SSC Judgment was delivered by T.S.Sivagnanam,J We have heard Mr.V.S.Jayakumar, learned counsel for the appellant and Mr.Karthik Ranganathan, learned Senior Standing Counsel for the Revenue. This appeal, filed by the assessee, under Section 260A of the Income Tax Act, 1961, is directed against the order dated 22.3.2012 made in ITA.No. The appeal was admitted on 05.4.2016 on the following substantial questions of law : Whether the Tribunal was right in holding that the amount claimed by the assessee in respect of interest charged to the profit and loss account in its entirety is not allowable in view of interpretation of Section 145 of the Income Tax Act, 1961 Whether the Tribunal was right in holding that the method of accounting employed by the assessee was inconsistent with past assessment year wise or project wise and Whether the Tribunal was right in holding that the change in method of accounting made by the appellant was not acceptable and so the interest expenditure cannot be allowed as a period cost and the same is not legally sustainable 4. Learned counsel for the appellant has given a letter dated 20.6.2019 to the Registry seeking to post this matter for withdrawal. Today, when the case is called, a similar request is made. The above tax case appeal is dismissed as withdrawn.


1 In High Court of Judicature at Madras Dated : 25.7.2019 Coram : Honourable Mr.Justice T.S.SIVAGNANAM and Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.252 of 2016 M/s.Dugar Housing Development Finance India Limited (formerly known as M/s.J.Paq Solutions Ltd.), Chennai-8 ...Appellant Vs Assistant Commissioner of Income Tax, Company Circle II(3), Chennai-34 ...Respondent APPEAL under Section 260A of Income Tax Act, 1961 to set aside order dated 22.3.2012 made in ITA.No.2208/(Mds)/2007 on file of Income Tax Appellate Tribunal, Chennai 'A' Bench for assessment year 1999-2000. For Appellant : Mr.V.S.Jayakumar For Respondent : Mr.Karthik Ranganathan, SSC Judgment was delivered by T.S.Sivagnanam,J We have heard Mr.V.S.Jayakumar, learned counsel for appellant and Mr.Karthik Ranganathan, learned Senior Standing Counsel for Revenue. http://www.judis.nic.in 2 2. This appeal, filed by assessee, under Section 260A of Income Tax Act, 1961 (for short, Act), is directed against order dated 22.3.2012 made in ITA.No.2208/(Mds)/2007 on file of Income Tax Appellate Tribunal, Chennai 'A' Bench for assessment year 1999-2000. 3. appeal was admitted on 05.4.2016 on following substantial questions of law : (i) Whether Tribunal was right in holding that amount claimed by assessee in respect of interest charged to profit and loss account in its entirety is not allowable in view of interpretation of Section 145 of Income Tax Act, 1961 ? (ii) Whether Tribunal was right in holding that method of accounting employed by assessee was inconsistent with past assessment year wise or project wise ? and (iii) Whether Tribunal was right in holding that change in method of accounting made by appellant was not acceptable and so interest expenditure cannot be allowed as period cost and same is not legally sustainable ? 4. Learned counsel for appellant has given letter dated 20.6.2019 to Registry seeking to post this matter for withdrawal. Hence, matter is listed today under caption 'for withdrawal'. Today, when case is called, similar request is made. endorsement is also made in bundle to that effect. http://www.judis.nic.in 3 5. Hence, above tax case appeal is dismissed as withdrawn. substantial questions of law are left open. No costs. 25.7.2019 Internet: Yes To 1.The Income Tax Appellate Tribunal, Chennai 'A' Bench. 2.The Assistant Commissioner of Income Tax, Company Circle II(3), Chennai-34 RS http://www.judis.nic.in 4 T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J RS TCA.No.252 of 2016 25.7.2019 http://www.judis.nic.in Dugar Housing Development Finance India Limited (formerly known as M/s. J.Paq Solutions Ltd.) v. Assistant Commissioner of Income-tax, Company Circle II(3), Chennai-34
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