The Commissioner of Income-tax-II, Chennai v. Super Spinning Mills Ltd
[Citation -2020-LL-0302-59]
| Citation | 2020-LL-0302-59 |
|---|---|
| Appellant Name | The Commissioner of Income-tax-II, Chennai |
| Respondent Name | Super Spinning Mills Ltd. |
| Court | HIGH COURT OF MADRAS |
| Relevant Act | Income-tax |
| Date of Order | 02/03/2020 |
| Judgment | View Judgment |
| Keyword Tags | monetary limit • tax effect |
| Bot Summary: | For Appellant Mr.T.R.Senthil Kumar Senior Standing Counsel For Respondent Mr.S.Sridhar JUDGMENT This Tax Case Appeal has been filed by the Revenue calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, 'D' Bench, Chennai, by raising the following substantial question of law: Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in law in holding that the assessee's three wind mills installed at Muppandal, Palladam and Sanganeri were eligible for claiming deduction under Section 80IA and that too, considering each wind mill separate undertaking is valid 2. When the matter was 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. |