The Commissioner of Income-tax (TDS), Chennai v. Black Thunder Theme Park Ltd
[Citation -2019-LL-0919-103]

Citation 2019-LL-0919-103
Appellant Name The Commissioner of Income-tax (TDS), Chennai
Respondent Name Black Thunder Theme Park Ltd.
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 19/09/2019
Judgment View Judgment
Keyword Tags levy of interest • payment of tax • monetary limit • tax effect
Bot Summary: Respondent in both appeals Tax Case Appeals filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, 'C' Bench, Chennai, dated 31.07.2009 made in ITA Nos.379 and 380/Mds/2009. When the matters are taken up for hearing, the learned Standing Counsel brought to our notice the Circular instruction issued by the Central Board of Direct Taxes vide Circular No.17/2019 dated 08.08.2019 wherein it is stipulated that appeals shall not be filed/pursued by the Department before the High Court in cases where the tax effect does not exceed Rs.1 Crore. In these cases, the tax effect are 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 question of law for determination in an appropriate cases.


Judgment dt. 19.09.2019 in T.C.(A) Nos.390 & 391 of 2010 CIT (TDS) v. Black Thunder Theme Park Ltd., Mettupalayam IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.09.2019 CORAM : HON'BLE DR.JUSTICE VINEET KOTHARI AND HON'BLE MR.JUSTICE C.SARAVANAN Tax Case Appeal Nos.390 and 391 of 2010 Commissioner of Income-tax (TDS), Chennai. Appellant in both appeals Vs. Black Thunder Theme Park Ltd., 36, Ooty Main Road, Mettupalayam. (PAN No.CMBB03100G) ... Respondent in both appeals Tax Case Appeals filed under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal, 'C' Bench, Chennai, dated 31.07.2009 made in ITA Nos.379 and 380/Mds/2009. Page 1 of 5 http://www.judis.nic.in Judgment dt. 19.09.2019 in T.C.(A) Nos.390 & 391 of 2010 CIT (TDS) v. Black Thunder Theme Park Ltd., Mettupalayam For Appellant : Mr.V.Rajesh Jr. Standing Counsel For Respondent : Mr.Sriraman for M/s.S.Sridhar COMMON JUDGMENT (Delivered by DR.VINEET KOTHARI,J.) These Tax Case Appeals have been filed by Revenue calling in question correctness of order passed by Income Tax Appellate Tribunal, 'C' Bench, Chennai, by raising following substantial question of law: "Whether on facts and in circumstances of case, Income Tax Appellate Tribunal was right in law holding that levy of interest under Section 201 (1A) can be charged upto 15.01.2003, even though that interest under Section 201 (1A) is chargeable upto date of payment of tax by recipient in respect of income on which no TDS was made by payer/deductor? Page 2 of 5 http://www.judis.nic.in Judgment dt. 19.09.2019 in T.C.(A) Nos.390 & 391 of 2010 CIT (TDS) v. Black Thunder Theme Park Ltd., Mettupalayam 2. When matters are taken up for hearing, learned Standing Counsel brought to our notice Circular instruction issued by Central Board of Direct Taxes vide Circular No.17/2019 dated 08.08.2019 wherein it is stipulated that appeals shall not be filed/pursued by Department before High Court in cases where tax effect does not exceed Rs.1 Crore. 3. In these cases, tax effect are said to be less than monetary limit imposed and therefore, appeals filed by Revenue are dismissed as not pressed, keeping open substantial question of law for determination in appropriate cases. (V.K.,J.) (C.S.N.,J.) 19.09.2019 Index : Yes/No bbr Page 3 of 5 http://www.judis.nic.in Judgment dt. 19.09.2019 in T.C.(A) Nos.390 & 391 of 2010 CIT (TDS) v. Black Thunder Theme Park Ltd., Mettupalayam To: 1. Registrar, Income Tax Appellate Tribunal, Madras "C" Bench, Chennai. 2. Commissioner of Income Tax (Appeals)-II, Coimbatore. 3. Income Tax Officer, TDS Ward ((I), Coimbatore. Page 4 of 5 http://www.judis.nic.in Judgment dt. 19.09.2019 in T.C.(A) Nos.390 & 391 of 2010 CIT (TDS) v. Black Thunder Theme Park Ltd., Mettupalayam DR.VINEET KOTHARI, J. and C.SARAVANAN, J. bbr T.C.(A) Nos.390 and 391 of 2010 19.09.2019 Page 5 of 5 http://www.judis.nic.in Commissioner of Income-tax (TDS), Chennai v. Black Thunder Theme Park Ltd
Report Error