The Commissioner of Income-tax, Chennai v. FL Smidth Private Limited
[Citation -2020-LL-0210-67]

Citation 2020-LL-0210-67
Appellant Name The Commissioner of Income-tax, Chennai
Respondent Name FL Smidth Private Limited
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 10/02/2020
Judgment View Judgment
Keyword Tags monetary limit • tax effect
Bot Summary: For Appellant Mr.Karthik Ranganathan Senior Standing Counsel For Respondent Mr.M.P.Senthil Kumar JUDGMENT These Tax Case Appeals have been filed by the Revenue calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, 'B' Bench, Madras, by raising the following substantial questions of law: T.C.(A) Nos.967 968 of 2010 1. Whether in the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in holding that interest u/s.234D cannot be charged in respect of the refund granted prior to the insertion of Section 234D, when the regular assessment was completed only subsequent to the insertion of section 234D And 2. Whether on the facts and in the circumstances of the case, no interest can be charged even for the period subsequent to the introduction of section 234D, merely on the ground that the refund was granted prior to its introduction 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 appeals filed by the Revenue are dismissed as not pressed, keeping open the substantial questions of law for determination in an appropriate case.


T.C.(A) Nos.967 & 968 of 2010 IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.02.2020 CORAM HON'BLE DR.JUSTICE VINEET KOTHARI AND HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case Appeal Nos.967 & 968 of 2010 Commissioner of Income Tax Chennai. Appellant Vs. FL Smidth Private Limited 34, Egattoor, Siruseri, OMR Kelambakkam, Chennai 600103. Respondent Prayer Tax Case Appeals filed under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal, Madras 'B' Bench, Chennai, dated 08.01.2010 made in ITA No.1532/Mds/09 and 1533/Mds/09. For Appellant Mr.Karthik Ranganathan Senior Standing Counsel For Respondent Mr.M.P.Senthil Kumar JUDGMENT (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, 'B' Bench, Madras, by raising following substantial questions of law: T.C.(A) Nos.967 & 968 of 2010 " 1. Whether in facts and circumstances of case, Income Tax Appellate Tribunal was right in holding that interest u/s.234D cannot be charged in respect of refund granted prior to insertion of Section 234D, when regular assessment was completed only subsequent to insertion of section 234D? And 2. Whether on facts and in circumstances of case, no interest can be charged even for period subsequent to introduction of section 234D, merely on ground that refund was granted prior to its introduction? 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, appeals filed by Revenue are dismissed as not pressed, keeping open substantial questions of law for determination in appropriate case. (V.K.,J.) (R.S.K.,J.) 10-02-2020 KST T.C.(A) Nos.967 & 968 of 2010 DR.VINEET KOTHARI, J. and R. SURESH KUMAR, J. KST To Income Tax Appellate Tribunal 'B' Bench, Chennai. TC(A) Nos.967 & 968 of 2010 10.02.2020 Commissioner of Income-tax, Chennai v. FL Smidth Private Limited
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