The Commissioner of Income-tax, Chennai v. Khivraj Motors Pvt. Ltd
[Citation -2020-LL-0130-37]

Citation 2020-LL-0130-37
Appellant Name The Commissioner of Income-tax, Chennai
Respondent Name Khivraj Motors Pvt. Ltd.
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 30/01/2020
Judgment View Judgment
Keyword Tags monetary limit • tax effect
Bot Summary: In T.C.(A) No.455 of 2013 Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in restricting the disallowance to Rs.2.00 lakhs as against Rs.32.10 lakhs made under Section 14A of the Income Tax Act, 1961 read with Rule 8D of the Income Tax Rules 2. When the matter is 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 8th August 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.1,00,00,000/-. In the instant case, the tax effect is said to be less than the monetary limit imposed and therefore, the appeal filed by the Revenue is dismissed as not pressed, keeping open the substantial questions of law for determination in an appropriate case.


T.C.(A) No.455 of 2013 IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.01.2020 CORAM HON'BLE DR.JUSTICE VINEET KOTHARI AND HON'BLE MR.JUSTICE R. SURESH KUMAR Tax Case Appeal No.455 of 2013 Commissioner of Income Tax Chennai. Appellant Vs. M/s.Khivraj Motors Pvt Ltd 623, Anna Salai, Chennai 600 006. Respondent Tax Case Appeal filed under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal, Madras 'B' Bench, Chennai, dated 18.10.2012 made in ITA No.823/Mds/2012. For Appellant : Mr.Karthik Ranganathan Senior Standing Counsel For Respondent : Mr.N.V.Balaji JUDGMENT (Delivered by DR.VINEET KOTHARI,J) This Tax Case Appeal has been filed by Revenue calling in question correctness of order passed by Income Tax Appellate Tribunal, 'B' Bench, Madras, by raising following substantial question of law: http://www.judis.nic.in T.C.(A) No.455 of 2013 "Whether on facts and in circumstances of case, Income Tax Appellate Tribunal was right in restricting disallowance to Rs.2.00 lakhs as against Rs.32.10 lakhs made under Section 14A of Income Tax Act, 1961 read with Rule 8D of Income Tax Rules? 2. When matter is 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 8th August 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.1,00,00,000/- (Rupees One Crore). 3. In instant case, tax effect is said to be less than monetary limit imposed and therefore, appeal filed by Revenue is dismissed as not pressed, keeping open substantial questions of law for determination in appropriate case. (V.K.,J.) (R.S.K.,J.) 30-01-2020 Index : Yes/No Internet : Yes/No KST To Income Tax Appellate Tribunal, Madras 'B' Bench, Chennai. http://www.judis.nic.in T.C.(A) No.455 of 2013 DR.VINEET KOTHARI, J. and R. SURESH KUMAR, J. KST TC(A) No.455 of 2013 30.01.2020 http://www.judis.nic.in Commissioner of Income-tax, Chennai v. Khivraj Motors Pvt. Ltd
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