Commissioner of Income-tax, Chennai v. Cairn Energy India Pvt. Ltd
[Citation -2019-LL-0909-93]
| Citation | 2019-LL-0909-93 |
|---|---|
| Appellant Name | Commissioner of Income-tax, Chennai |
| Respondent Name | Cairn Energy India Pvt. Ltd. |
| Court | HIGH COURT OF MADRAS |
| Relevant Act | Income-tax |
| Date of Order | 09/09/2019 |
| Judgment | View Judgment |
| Keyword Tags | deduction of tax • monetary limit • tax effect |
| Bot Summary: | PAN AAACC3097L. Respondent in all the Appeals Tax Case Appeals filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras 'D' Bench, dated 20.02.2009 made in ITA Nos.208 to 211/Mds/2006. 1232 to 1235 of 2009 COMMON JUDGMENT The Tax Case Appeals have been filed by the Revenue calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, Madras 'D' Bench, dated 20.02.2009 made in ITA Nos.208 to 211/Mds/2006, by raising the following substantial questions of law: Whether on the facts and circumstances of the case, the Tribunal was right in holding that the assessee was not liable to disallowance under Section 40(a)(i) on its payment to its parent company in Australia without deduction of tax on the ground that since the special provisions of Section 42 are applicable to it, the other provisions of the Act cannot be applied 2. In the instant case, the tax effect is said to be less than the monetary limit imposed and therefore, the Appeals filed by the Revenue are dismissed, as not pressed, keeping open the substantial questions of law for determination in appropriate cases. |