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Commissioner Of Income Taxchennai v. M/S Gec Alsthom India Ltd314-315 Anna Salaichennai 600 018

High Court 27 Aug 2024 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
Commissioner Of Income Taxchennai v. M/S Gec Alsthom India Ltd314-315 Anna Salaichennai 600 018
Date of order
27 Aug 2024
Assessment year(s)
1991-92, 1992-93
Outcome
Dismissed

The order — as passed by the High Court

Case summary

In Commissioner Of Income Taxchennai v. M/S Gec Alsthom India Ltd314-315 Anna Salaichennai 600 018, the High Court (2024) dismissed the appeal. The decision went in favour of the assessee.

Summary auto-generated from the order below — read the full judgment for the complete reasoning.

Sections referenced in this judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 27.08.2024 CORAM THE HONOURABLE DR. JUSTICE ANITA SUMANTH and THE HONOURABLE MR. JUSTICE G.ARUL MURUGAN T.C.Nos.1020, 1021 and 1022 of 2007 Commissioner of Income TaxChennai ... Appellant in all T.C.'s Vs M/s GEC Alsthom India Ltd314-315 Anna SalaiChennai 600 018 ... Respondent in all T.C.'s COMMON PRAYER: APPEAL filed under Section 260 A of the Income Tax Act, 1961 against order dated 22.08.2005 passed in I.T.A.Nos.723/MDS/1997, 724/MDS/1997 and 1865/MDS/1996 for the block periods 1991-1992, 1992 – 1993 and 1992 – 1993 respectively on the file of the Income Tax Appellate Tribunal, Madras 'A' Bench. In all T.C.'sFor Petitioner : Mr.T.Ravi Kumar Senior Standing Counsel For Respondent : No appearance C O M M O N J U D G M EN T (Judgment of the Court was delivered by Dr.ANITA SUMANTH,J.)Read this order in continuation of and in conjunction with order dated 22.08.2024 which reads as follows: Despite the appeals being of the year 2007, we were constrained, on the last date of hearing, to record that the appeals were deficient, as the order under Section 154 and appellate orders are not available on record. At request of Mr.T.Ravikumar, learned Senior Standing Counsel for the Department we had adjourned the matter to today to enable the Department to make good the defects. 2. Even today, the appellant is not ready with either the original or appellate order which makes it impossible for us to hear the appeals. Though we are inclined to close the appeals as not maintainable, since a final opportunity is sought, the appellants are put to terms for the delay in compliance, and bearing in mind the age of the appeals, and will remit a sum of Rs.10,000/- to High Court Legal Services Authority within a week from today. Memo of costs be placed on file. 3. List on 27.08.2024 as item 1. It is made clear that if the order under Section 154 and appellate order are not produced then, the appeals will be closed in limine. 2. Today, Mr.Ravikumar, learned Senior Standing Counsel for the Income Tax Department files three memos. Vide 2 memos, both dated 27.08.2024, the Income Tax Department confirms compliance with the directions to pay costs. 3. Vide third memo dated 27.08.2024, he records the instructions to the effect that the Tax Cases may be dismissed on the ground of low tax effect, as in T.C.No.1020 of 2007, relating to assessment year 1991-92, the tax effect is Rs.4,15,411/- and in T.C. Nos.1021 and 1022 of 2007, relating to assessment year 1992-93, the tax effect is Rs.4,50,942/-. 4. Hence, reserving the question of law to be decided in an appropriate https://www.mhc.tn.gov.in/judis case, these Tax Cases are dismissed. No costs. (A.S.M.,J) (G.A.M.,J)27.08.2024 Index:Yes/NoSpeaking orderNeutral Citation: Yessl To 1. The Income Tax Appellate Tribunal, Madras 'A' Bench. https://www.mhc.tn.gov.in/judis Page No.4/4 T.C.Nos.1020, 1021 and 1022 of 2007 DR. JUSTICE ANITA SUMANTHand MR. JUSTICE G.ARUL MURUGAN sl T.C.Nos.1020, 1021 and 1022 of 2007 27.08.2024
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