Commissioner of Income-tax, Chennai v. Sun Metal Factory (I) P. Ltd
[Citation -2019-LL-1216-80]

Citation 2019-LL-1216-80
Appellant Name Commissioner of Income-tax, Chennai
Respondent Name Sun Metal Factory (I) P. Ltd.
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 16/12/2019
Assessment Year 1990-91, 1991-92, 1992-93, 1993-94, 1994-95, 1995-96, 1996-97, 1997-98, 1998-99, 1999-00, 01/04/2000-03/11/2000
Judgment View Judgment
Keyword Tags reassessment proceedings • monetary limit • tax effect
Bot Summary: 90, 91/Mds/2007, for the Assessment period 1.4.1990 to 3.11.2000, by raising the following substantial questions of law: 1. Whether on the facts and circumstances of the case, the Tribunal was right in setting aside the directions given by the CIT to initiate reassessment proceedings u/s 148 to assess the bogus advances for the assessment year 1999-2000 2. Whether on the facts and circumstances of the case, the Tribunal was right in setting aside the directions given by the CIT to initiate reassessment proceedings u/s 148 to assess the bogus advances for the assessment year 1999-2000 when the subject matter in appeal stood decided by the order of this Court in W.P.No. 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is said to be less than the monetary limit imposed and therefore, the Appeals filed by the Revenue are dismissed as withdrawn, keeping open the substantial questions of law for determination in appropriate cases.


IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.12.2019 CORAM HON'BLE DR.JUSTICE VINEET KOTHARI AND HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case (Appeal) Nos.258 and 259 of 2009 Commissioner of Income Tax Chennai ... Appellant Vs. M/s.Sun Metal Factory (I) P. Ltd., No.L/3, Sidco Industrial Area, Kodungaiyur, Chennai 600 018 ... Respondent Tax Case Appeals filed under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal, 'C' Bench, Chennai, dated 11.7.2008 made in ITA Nos.90, 91/Mds/2007. For Appellant : Ms.K.G.Usha Rani For Respondent : Mr.R.Sivaraman COMMON JUDGMENT http://www.judis.nic.in Judgt. dt.16.12.2019 in T.C.(A).Nos.258 and 259 of 2009 CIT vs. M/s.Sun Metal Factory (I) P. Ltd. 2/4 (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, dated 11 July 2008, in I.T.A.Nos.90, 91/Mds/2007, for Assessment period 1.4.1990 to 3.11.2000, by raising following substantial questions of law: "1. Whether on facts and circumstances of case, Tribunal was right in setting aside directions given by CIT (A) to initiate reassessment proceedings u/s 148 to assess bogus advances for assessment year 1999-2000? 2. Whether on facts and circumstances of case, Tribunal was right in setting aside directions given by CIT (A) to initiate reassessment proceedings u/s 148 to assess bogus advances for assessment year 1999-2000 when subject matter in appeal stood decided by order of this Court in W.P.No.21809 of 2007 dated 19.09.2007? 2. When matter is taken up for hearing, learned Counsel for Revenue brought to our notice Circular instruction issued http://www.judis.nic.in Judgt. dt.16.12.2019 in T.C.(A).Nos.258 and 259 of 2009 CIT vs. M/s.Sun Metal Factory (I) P. Ltd. 3/4 by Central Board of Direct Taxes vide Circular No.17/2019 dated 8th August 2019, wherein, it is stipulated that appeal shall not be filed/pursued by Department before High Court in cases where tax effect does not exceed Rs.1,00,00,000/- (Rupees One Crore). 3. In instant case, tax effect is said to be less than monetary limit imposed and therefore, Appeals filed by Revenue are dismissed as withdrawn, keeping open substantial questions of law for determination in appropriate cases. No costs. Consequently, M.P.Nos.1 and 2 of 2009 are also dismissed. (V.K.,J.) (R.S.K.,J.) 16.12.2019 Index : Yes/No tar To 1. Income Tax Appellate Tribunal, 'D' Bench, Chennai. DR.VINEET KOTHARI, J. and R.SURESH KUMAR, J. http://www.judis.nic.in Judgt. dt.16.12.2019 in T.C.(A).Nos.258 and 259 of 2009 CIT vs. M/s.Sun Metal Factory (I) P. Ltd. 4/4 (tar) T.C.(A) Nos.258 & 259/2009 Commissioner of Income-tax, Chennai v. Sun Metal Factory (I) P. Ltd
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