Commissioner Of Income Tax I,Chennai v. M/S.fisher Sanmar Ltd.,(Formerly Fisherxomox Sanman Ltd.)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.08.2020 CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY T.C.A.No.413 of 2009 Commissioner of Income Tax I,Chennai...Appellant vs. M/s.Fisher Sanmar Ltd.,(Formerly FisherXomox Sanman Ltd.)9, Cathedral Road,Chennai 600 006 ...Respondent Prayer ::- Appeal filed against the order of the IncomeTax Appellate Tribunal, Chennai “A” Bench, dated 20.11.2008 inITA No.2086/Mds/2007, against the order of the Commissioner ofIncome Tax(Appeals)-III, at Chennai ITA.No.750/2006-07/A-IIIdt 6/7/2007 against the Assessment order for the assessmentyear 2004-05 dt 29/12/2006 passed by the AdditionalCommissioner of Income Tax, Company Range-II, Chennai made inPAN.No.AAACF0483F. For appellant: Mr.Karthick RanganathanFor respondent : Mr.R.Venkatanarayanan, M/s.Subbaraya Aiyar PadmanabhanORDER (Made by DR.VINEET KOTHARI, J.) The Court was held by Video Conference, as per theResolution of the Full Court dated 3 July 2020, by Judges attheir respective residence and the counsel, staff of the Courtappearing from their respective residences. 2. This Tax Case Appeal has been filed by the Revenue,calling in question the correctness of the order passed by theIncome Tax Appellate Tribunal, “A” Bench, by raising thefollowing substantial question of law: Page numbers https://hcservices.ecourts.gov.in/hcservices/ "Whetheronthefactsandcircumstances of the case, the Tribunalwas right in holding that the deductionu/s 8OHHC is to be allowed withoutdeducting the deduction granted u/s 80IA?” 3. When the matter is taken up for hearing, learnedCounsel for the appellant brought to our notice the Circularissued by the Central Board of Direct Taxes vide CircularNo.17/2019 dated 8 August 2019, wherein, it is stipulated thatappeal shall not be filed/ pursued by the Department beforethe High Court in cases where the tax effect does not exceedRs.1,00,00,000/- (Rupees One Crore). 4. In the instant case, the tax effect is said to be lessthan the monetary limit imposed and therefore, the Appealfiled by the Revenue is dismissed as withdrawn, keeping openthe substantial question of law for determination inappropriate cases. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kpl/tar To 1.M/s.Fisher Sanmar Ltd., (Formerly Fisher Xomox Sanman Ltd.) 9, Cathedral Road, Chennai 600 006. 2.The Commissioner of Income Tax-I, Chennai. 3.The Commissioner of Income Tax Appeals-III, Chennai. 4.The Additional Commissioner of Income Tax, Company Range-II, Chennai-34. SS(CO)CB(10/11/2020) T.C.A.No.413 of 2009 Page numbers https://hcservices.ecourts.gov.in/hcservices/