The Commissioner of Income-tax, Central II Chennai v. Mohan Breweries & Distilleries Ltd
[Citation -2020-LL-0616-16]

Citation 2020-LL-0616-16
Appellant Name The Commissioner of Income-tax, Central II Chennai
Respondent Name Mohan Breweries & Distilleries Ltd.
Court HIGH COURT OF MADRAS
Relevant Act Income-tax
Date of Order 16/06/2020
Assessment Year 2008-09
Judgment View Judgment
Keyword Tags initial assessment year
Bot Summary: Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 13.9.2012 made in ITA.No. 1381/Mds/2012 on the file of the Income Tax Appellate Tribunal, Chennai 'D' Bench for the assessment year 2008-09. This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 is directed against the order dated 13.9.2012 made in ITA.No. Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in allowing deduction under Section 80 IA of the Income Tax Act during the assessment year 2004-05 as the initial assessment year 2. Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in allowing deduction under Section 80 IA of the Income Tax Act when the assessee itself claimed in the assessment year 1999-2000 as the initial assessment year and 3. The learned Senior Standing Counsel for the appellant submits that the substantial questions of law framed in this appeal have been answered against the Revenue in the decision of this Court in case of Velayudhasamy Spinning Mills Ltd. Vs. ACIT reported in 340 ITR 477 as confirmed by the Hon'ble Supreme Court in the decision in the case of ACIT Vs. Velayudhasamy Spinning Mills Ltd. reported in 76 Taxmann.com 176. Following the same, this appeal is dismissed and the substantial questions of law are answered against the Revenue and in favour of the assessee.


TCA.No.80 of 2013 In High Court of Judicature at Madras Dated : 16.6.2020 Coram : Honourable Mr.Justice T.S.SIVAGNANAM and Honourable Mrs.Justice PUSHPA SATHYANARAYANA Tax Case Appeal No.80 of 2013 Commissioner of Income Tax, Central II Chennai-34 ...Appellant Vs M/s.Mohan Breweries & Distilleries Ltd., Chennai-2. ...Respondent APPEAL under Section 260A of Income Tax Act, 1961 against order dated 13.9.2012 made in ITA.No.1381/Mds/2012 on file of Income Tax Appellate Tribunal, Chennai 'D' Bench for assessment year 2008-09. For Appellant: Mr.T.R.Senthilkumar, SSC assisted by Ms.K.G.Usharani, SC For Respondent: Mr.R.Vijayaraghavan for M/s.Subbaraya Aiyer Padmanabhan Judgment was delivered by T.S.Sivagnanam,J We have heard Mr.T.R.Senthilkumar, learned Senior Standing Counsel assisted by Ms.K.G.Usharani, learned Standing Counsel appearing for 1/4 http://www.judis.nic.in TCA.No.80 of 2013 appellant Revenue and Mr.R.Vijayaraghavan, learned counsel appearing for respondent assessee. 2. This appeal, filed by Revenue under Section 260A of Income Tax Act, 1961 (for short, Act) is directed against order dated 13.9.2012 made in ITA.No.1381/Mds/2012 on file of Income Tax Appellate Tribunal, Chennai 'D' Bench (for brevity, Tribunal) for assessment year 2008-09. 3. appeal has been admitted on 25.2.2013 on following substantial questions of law : 1. Whether on facts and in circumstances of case, Appellate Tribunal was right in allowing deduction under Section 80 IA of Income Tax Act during assessment year 2004-05 as initial assessment year? 2. Whether on facts and in circumstances of case, Appellate Tribunal was right in allowing deduction under Section 80 IA of Income Tax Act when assessee itself claimed in assessment year 1999-2000 as initial assessment year? and 3. Whether on facts and in circumstances of case, Appellate Tribunal was right in following assessee's own case for earlier assessment year and in case of 2/4 http://www.judis.nic.in TCA.No.80 of 2013 Velayudhasamy Spinning Mills (P) Ltd. judgments which are subject matter of SLP pending before Hon'ble Supreme Court?" 4. learned Senior Standing Counsel for appellant submits that substantial questions of law framed in this appeal have been answered against Revenue in decision of this Court in case of Velayudhasamy Spinning Mills (P) Ltd. Vs. ACIT [reported in (2012) 340 ITR 477] as confirmed by Hon'ble Supreme Court in decision in case of ACIT Vs. Velayudhasamy Spinning Mills (P) Ltd. [reported in (2016) 76 Taxmann.com 176]. 5. Following same, this appeal is dismissed and substantial questions of law are answered against Revenue and in favour of assessee. No costs. 16.6.2020 To Income Tax Appellate Tribunal, Chennai 'D' Bench. RS 3/4 http://www.judis.nic.in TCA.No.80 of 2013 T.S.SIVAGNANAM,J AND PUSHPA SATHYANARAYANA,J RS TCA.No.80 of 2013 16.6.2020 4/4 http://www.judis.nic.in Commissioner of Income-tax, Central II Chennai v. Mohan Breweries & Distilleries Ltd
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