Commissioner of Income-tax, Coimbatore v. The Salisbury Industrial Co-Operative Tea Factory Ltd
[Citation -2020-LL-0213-34]

Citation 2020-LL-0213-34
Appellant Name Commissioner of Income-tax, Coimbatore
Respondent Name The Salisbury Industrial Co-Operative Tea Factory Ltd.
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 13/02/2020
Assessment Year 2003-04
Judgment View Judgment
Keyword Tags monetary limit • tax effect
Bot Summary: Tea Factory Ltd. 2/4 Whether under the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the assessee Society eligible for availing the benefits of deduction under Section 80P(2)(a)(iii) of the Income Tax Act Whether under the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the assessee Society is eligible for deduction when the assessee manufactures black tea powder out of green tea leaves grown by its members, which has different shape, texture and use Whether under the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the assessee Society is eligible for deduction even though it is using power in producing the black tea powder 2. Tea Factory Ltd. 3/4 the tax effect does not exceed Rs.1,00,00,000/-. In the instant cases, 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is said to be less than the monetary limit imposed and therefore, the Appeals filed by the Revenue are dismissed, as withdrawn, keeping open the substantial questions of law for determination in appropriate cases.


Judgt. dt. 13.2.2020 in T.C.(A)73 to 78/2013 CIT v. Salisbury Industrial Co-op. Tea Factory Ltd. 1/4 IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.2.2020 CORAM HON'BLE DR.JUSTICE VINEET KOTHARI AND HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case (Appeal) Nos.73 to 78 of 2013 Commissioner of Income Tax Coimbatore. Appellant Vs. M/s.The Salisbury Industrial Cooperative Tea Factory Ltd., Gudalur, Nilgiris. Respondent Tax Cases filed under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal, 'C' Bench, Chennai, dated 25.5.2012 made in ITA Nos.243 to 248/Mds/2012. For Appellant : Mr.T.R.Senthilkumar Senior Standing Counsel For Respondent : Mr.M.P.Senthilkumar JUDGMENT (Delivered by DR.VINEET KOTHARI,J) These Tax Cases have been filed by Revenue, calling in question correctness of order passed by Income Tax Appellate Tribunal, 'C' Bench, Chennai, dated 25.5.2012 made in ITA Nos.243 to 248/Mds/2012, for Assessment Years 2003-2004 to 20008-2009, by raising following substantial questions of law: http://www.judis.nic.in Judgt. dt. 13.2.2020 in T.C.(A)73 to 78/2013 CIT v. Salisbury Industrial Co-op. Tea Factory Ltd. 2/4 "(i) Whether under facts and circumstances of case, Income Tax Appellate Tribunal was right in holding that assessee Society eligible for availing benefits of deduction under Section 80P(2)(a)(iii) of Income Tax Act? (ii) Whether under facts and circumstances of case, Income Tax Appellate Tribunal was right in holding that assessee Society is eligible for deduction when assessee manufactures black tea powder out of green tea leaves grown by its members, which has different shape, texture and use? (iii) Whether under facts and circumstances of case, Income Tax Appellate Tribunal was right in holding that assessee Society is eligible for deduction even though it is using power in producing black tea powder?" 2. When matters are taken up for hearing, learned Senior 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 http://www.judis.nic.in Judgt. dt. 13.2.2020 in T.C.(A)73 to 78/2013 CIT v. Salisbury Industrial Co-op. Tea Factory Ltd. 3/4 tax effect does not exceed Rs.1,00,00,000/- (Rupees One Crore). 3. In instant cases, 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. (V.K.,J.) (R.S.K.,J.) 13.2.2020. Index : Yes/No Internet : Yes/No ssk. To 1. Commissioner of Income Tax Coimbatore. 2. Income Tax Appellate Tribunal, 'C' Bench, Chennai. 3. Income Tax Officer, Ward I (1), Ooty. 4. M/s.The Salisbury Industrial Cooperative Tea Factory Ltd., Gudalur, Nilgiris. http://www.judis.nic.in Judgt. dt. 13.2.2020 in T.C.(A)73 to 78/2013 CIT v. Salisbury Industrial Co-op. Tea Factory Ltd. 4/4 DR.VINEET KOTHARI, J. and R.SURESH KUMAR, J. ssk. T.C.(A) Nos.73 to 78 of 2013 13.2.2020 http://www.judis.nic.in Commissioner of Income-tax, Coimbatore v. Salisbury Industrial Co-Operative Tea Factory Ltd
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