Commissioner of Income-tax, Chennai v. Kochar Realtors Pvt. Ltd
[Citation -2020-LL-0605-10]

Citation 2020-LL-0605-10
Appellant Name Commissioner of Income-tax, Chennai
Respondent Name Kochar Realtors Pvt. Ltd.
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 05/06/2020
Assessment Year 2006-07
Judgment View Judgment
Keyword Tags reassessment proceedings • monetary limit • tax effect
Bot Summary: 5.6.2020 in T.C.A.210/2015 CIT v. Kochar Realtors Pvt Ltd 2/4 following substantial questions of law: Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in cancelling the order passed under Section 263 of the Income tax Act Is not the finding of the Tribunal bad especially when the reassessment proceedings in a particular year are governed by Section 153 of the Income Tax Act and the principle of res judicata cannot be applied to income tax proceedings 2. When the matter is taken up for hearing, learned Senior 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effect does not exceed Rs.1,00,00,000/-. 5.6.2020 in T.C.A.210/2015 CIT v. Kochar Realtors Pvt Ltd 3/4 is dismissed, as withdrawn, keeping open the substantial questions of law for determination in appropriate cases.


Judgt. dt. 5.6.2020 in T.C.A.210/2015 CIT v. Kochar Realtors Pvt Ltd 1/4 IN HIGH COURT OF JUDICATURE AT MADRAS DATED: 5.6.2020 CORAM HON'BLE DR.JUSTICE VINEET KOTHARI AND HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case (A) No.210 of 2015 Commissioner of Income Tax Chennai. Appellant Vs. M/s.Kochar Realtors Pvt. Ltd., 18/21, Coats Road, T.Nagar, Chennai 600017. Respondent Tax Case Appeal filed under Section 260A of Income Tax Act, 1961 against order of Income Tax Appellate Tribunal, 'C' Bench, Chennai, dated 28.10.2013 made in ITA No.51/Mds/2011. For Appellant : Mr.Karthik Ranganathan Senior Standing Counsel For Respondent : No appearance. 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, Chennai, dated 28.10.2013 made in ITA No.51/Mds/2011, for Assessment Year 2006-2007, by raising http://www.judis.nic.in Judgt. dt. 5.6.2020 in T.C.A.210/2015 CIT v. Kochar Realtors Pvt Ltd 2/4 following substantial questions of law: "(i) Whether on facts and in circumstances of case, Appellate Tribunal was right in cancelling order passed under Section 263 of Income tax Act? (ii) Is not finding of Tribunal bad especially when reassessment proceedings in particular year are governed by Section 153 of Income Tax Act and principle of res judicata cannot be applied to income tax proceedings?" 2. When matter is 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 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 http://www.judis.nic.in Judgt. dt. 5.6.2020 in T.C.A.210/2015 CIT v. Kochar Realtors Pvt Ltd 3/4 is dismissed, as withdrawn, keeping open substantial questions of law for determination in appropriate cases. No costs. (V.K.,J.) (R.S.K.,J.) 5.6.2020 Index : Yes/No Internet : Yes/No ssk. To 1. Commissioner of Income Tax Chennai. 2. Income Tax Appellate Tribunal, 'C' Bench, Chennai. 3. M/s.Kochar Realtors Pvt. Ltd., 18/21, Coats Road, T.Nagar, Chennai 600 017. http://www.judis.nic.in Judgt. dt. 5.6.2020 in T.C.A.210/2015 CIT v. Kochar Realtors Pvt Ltd 4/4 DR.VINEET KOTHARI, J. and R.SURESH KUMAR, J. ssk. Tax Case (A) No.210 of 2015 5.6.2020. http://www.judis.nic.in Commissioner of Income-tax, Chennai v. Kochar Realtors Pvt. Ltd
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