Commissioner of Income-tax I, Chennai v. Fisher Sanmar Ltd. (Formerly Fisher Xomox Sanman Ltd.)
[Citation -2020-LL-0803-3]
| Citation | 2020-LL-0803-3 |
|---|---|
| Appellant Name | Commissioner of Income-tax I, Chennai |
| Respondent Name | Fisher Sanmar Ltd. (Formerly Fisher Xomox Sanman Ltd.) |
| Court | HIGH COURT OF MADRAS |
| Relevant Act | Income-tax |
| Date of Order | 03/08/2020 |
| Judgment | View Judgment |
| Keyword Tags | substantial question of law • monetary limit • tax effect |
| Bot Summary: | Order dt.03.08.2020 in T.C.A.No. For appellant : Mr.Karthick Ranganathan For respondent : Mr.R.Venkatanarayanan, M/s.Subbaraya Aiyar Padmanabhan ORDER The Court was held by Video Conference, as per the Resolution of the Full Court dated 3 July 2020, by Judges at their respective residence and the counsel, staff of the Court appearing from their respective residences. In Order dt.03.08.2020 in T.C.A.No. 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, A Bench, by raising the following substantial question of law: Whether on the facts and circumstances of the case, the Tribunal was right in holding that the deduction u/s 8OHHC is to be allowed without deducting the deduction granted u/s 80IA 3. When the matter is taken up for hearing, learned Counsel for the appellant brought to our notice the Circular issued by the Central Board of Direct Taxes vide Circular No.17/2019 dated 8 August 2019, wherein, it is stipulated that appeal 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is said to be less than the monetary limit imposed and therefore, the Appeal filed by the Revenue is dismissed as withdrawn, keeping open the substantial question of law for determination in appropriate cases. |