The Commissioner of Wealth-tax, Chennai v. Rayala Corporation (P) Ltd
[Citation -2020-LL-0219-107]
| Citation | 2020-LL-0219-107 |
|---|---|
| Appellant Name | The Commissioner of Wealth-tax, Chennai |
| Respondent Name | Rayala Corporation (P) Ltd. |
| Court | HIGH COURT OF MADRAS |
| Relevant Act | Income-tax |
| Date of Order | 19/02/2020 |
| Judgment | View Judgment |
| Keyword Tags | monetary limit • tax effect |
| Bot Summary: | In Order in TC Nos.196 to 208 of 2010 dated 19.02.2020JUDGMENT(Judgment of the Court was delivered by DR.VINEET KOTHARI,J)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, 'D' Bench, Madras, by raising the following substantial questions of law:1. Whether under the facts and in the circumstances of thecase, the Appellate Tribunal was justified in recalling its earlierorder with a view to pass a fresh order re-adjudicating theissues in dispute on the basis of the miscellaneous petition forrectification filed by the assessee2. Whether under the facts and in the circumstances of the case,the Appellate Tribunal was right in not appreciating therestricted scope of the powers conferred on the Tribunalu/s. 254(2) which are limited to rectification of mistakes apparentfrom record and which did not empower the Tribunal to re-examine and re-appraise the entire facts of the case andevidence already considered and also to call upon the assesseeto produce materials and submissions in support of the merits2. InOrder in TC Nos.196 to 208 of 2010 dated 19.02.2020 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, keeping the substantial questions of law open, with a liberty to the Revenue to move an application to re-call in case the Revenue establish the revenue stakes to be more than Rs.1 Crore. V.K.,J.)(R.S.K.,J.) 19.02.2020 KST Note to Office: Copy of this order may be sent to both parties. |