Commissioner of Income-tax-I, Tiruchirapalli v. Prem Textiles International
[Citation -2019-LL-0819-116]

Citation 2019-LL-0819-116
Appellant Name Commissioner of Income-tax-I, Tiruchirapalli
Respondent Name Prem Textiles International
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 19/08/2019
Assessment Year 2005-06
Judgment View Judgment
Keyword Tags low tax effect • monetary limit • depreciation on wind mill
Bot Summary: 206/Mds/2010 on the file of the Income Tax Appellate Tribunal, Chennai 'B' Bench for the assessment year 2005-06. This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 is directed against the order dated 31.3.2010 made in ITA.No. The appeal was admitted on 19.10.2010 on the following substantial question of law : Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the transformer and the electrical installations installed for feeding the power generated by the windmill to the TNEB grid was entitled to depreciation at the rate of 80 applicable to windmills 4. The learned Senior Standing Counsel for the appellant submits that the above appeal is not pursued by the Revenue on account of the low tax effect in terms of Circular No.17/2019 dated 08.8.2019 issued by the Central Board of Direct Taxes. It is further submitted that the tax effect in this case is less than the threshold limit. In the light of the said submissions, the above tax case appeal is dismissed on account of the low tax effect. In the event the tax effect is above the threshold limit fixed in the said circular, liberty is granted to the Revenue to make a mention to this Court to restore the appeal to be heard and decided on merits.


TCA.No.952 of 2010 In High Court of Judicature at Madras Dated : 19.8.2019 Coram : Honourable Mr.Justice T.S.SIVAGNANAM and Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.952 of 2010 Commissioner of Income Tax -I, Tiruchirapalli ...Appellant Vs M/s.Prem Textiles International, Karur ...Respondent APPEAL under Section 260A of Income Tax Act, 1961 against order dated 31.3.2010 made in ITA.No.206/Mds/2010 on file of Income Tax Appellate Tribunal, Chennai 'B' Bench for assessment year 2005-06. For Appellant: Mr.M.Swaminathan, SSC assisted by Ms.S.Premalatha, SC Respondent: Mr.N.Quadir Hoseyn Judgment was delivered by T.S.Sivagnanam,J We have heard Mr.M.Swaminathan, learned Senior Standing Counsel, assisted by Ms.S.Premalatha, learned Standing Counsel appearing for appellant Revenue and Mr.N.Quadir Hoseyn, learned counsel for respondent assessee. 1/4 http://www.judis.nic.in TCA.No.952 of 2010 2. This appeal, filed by Revenue under Section 260A of Income Tax Act, 1961 is directed against order dated 31.3.2010 made in ITA.No. 206/Mds/2010 on file of Income Tax Appellate Tribunal, Chennai 'B' Bench for assessment year 2005-06. 3. appeal was admitted on 19.10.2010 on following substantial question of law : Whether, on facts and in circumstances of case, Income Tax Appellate Tribunal was right in holding that transformer and electrical installations installed for feeding power generated by windmill to TNEB grid was entitled to depreciation at rate of 80% applicable to windmills ? 4. learned Senior Standing Counsel for appellant submits that above appeal is not pursued by Revenue on account of low tax effect in terms of Circular No.17/2019 dated 08.8.2019 issued by Central Board of Direct Taxes. By said Circular, monetary limit for filing or pursuing appeal before High Court has been increased to Rs.1 Crore. It is further submitted that tax effect in this case is less than threshold limit. 2/4 http://www.judis.nic.in TCA.No.952 of 2010 5. In light of said submissions, above tax case appeal is dismissed on account of low tax effect. substantial question of law framed is left open. In event tax effect is above threshold limit fixed in said circular, liberty is granted to Revenue to make mention to this Court to restore appeal to be heard and decided on merits. No costs. 19.8.2019 Internet: Yes To Income Tax Appellate Tribunal, Chennai 'B' Bench. RS 3/4 http://www.judis.nic.in TCA.No.952 of 2010 T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J RS TCA.No.952 of 2010 19.8.2019 4/4 http://www.judis.nic.in Commissioner of Income-tax-I, Tiruchirapalli v. Prem Textiles International
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