The Commissioner of Income-tax, Madurai v. Ramco Cements Ltd
[Citation -2020-LL-0204-44]

Citation 2020-LL-0204-44
Appellant Name The Commissioner of Income-tax, Madurai
Respondent Name Ramco Cements Ltd.
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 04/02/2020
Judgment View Judgment
Keyword Tags monetary limit • tax effect • kvss


IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.02.2020 CORAM HON'BLE DR.JUSTICE VINEET KOTHARI AND HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case Appeal No.1107 of 2008 Commissioner of Income Tax Madurai ... Appellant Vs. M/s.Ramco Cements Ltd 98-A, Dr.Radhakrishnan Road Mylapore, Chennai 600 004. ... Respondent Prayer: Tax Case Appeal filed under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal, Madras 'C' Bench, Chennai, dated 01.03.2006 made in ITA No.680/Mds/2005. For Appellant : Ms.S.Premalatha, Jr.Standing Counsel Assisted by Mr.M.Swaminathan, Senior Standing Counsel For Respondent : Mr.P.J.Rishikesh JUDGMENT (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, 'C' Bench, Madras, by raising following substantial question of law: http://www.judis.nic.in T.C.(A) No.1107 of 2008 "Whether in facts and circumstances of case, Tribunal was right in holding that Commissioner of Income Tax could not have revised assessment order as assessee had availed of KVSS although issue in question was not covered by KVSS declaration? 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.) 04-02-2020 KST To Income Tax Appellate Tribunal, Madras 'C' Bench, Chennai. http://www.judis.nic.in T.C.(A) No.1107 of 2008 DR.VINEET KOTHARI, J. and R. SURESH KUMAR, J. KST TC(A) No.1107 of 2008 04.02.2020 Commissioner of Income-tax, Madurai v. Ramco Cements Ltd
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