Commissioner Of Income Taxchennai v. M/S.sathya Tours & Travelsno

IN THE HIGH COURT OF JUDICATURE AT MADRASDated: 01/08/2016 C O R A M The Honourable Mr.Justice S.ManikumarandThe Honourable Mr.Justice D.Krishnakumar Tax Case Appeal No.48 of 2014 Commissioner of Income TaxChennai....Appellant Vs M/s.Sathya Tours & TravelsNo.3/2, Jeenis RoadSaidapet, Chennai - 600 015...Respondent Prayer:Appeal filed against the order of the Income Tax AppellateTribunal, Madras 'B' Bench dated 08/08/2013 in ITA No.706/Mds/2013,preferred against the order dt.14.12.2012 in ITA.No.170/10-11 (A)-VIII by the Commissioner of Income tax appeals VIII, Chennai, whichwas preferred against the Assessment Order dt.8.12.2010 for theAssessment Year 2008-2009 by the Assistant Commissioner of IncomeTax, Circle V, Chennai-34. For respondent : Mr.N.V.Balaji- - - - - - J U D G M E N T(Judgment of the Court was made by S.Manikumar,J) This Appeal has been filed against the order of the Income TaxAppellate Tribunal, 'B' Bench, Madras, dated 08/08/2013. 2. On 14.07.2014, the Tax Case Appeal was admitted and thefollowing substantial questions of law were raised:- “1. Whether the Tribunal was right inholding that provisions of Section 40(a)(ia) ofthe Income Tax Act are applicable only to theamounts of expenditure which are payable as on31st March relevant previous year and it cannotbe invoked to disallow the expenditure which had https://hcservices.ecourts.gov.in/hcservices/ been actually paid during the previous yearwithout deduction of tax at source?2. Whether the finding of the Tribunal isproper in holding that the amounts paid withoutdeduction of TDS would not attract Section 40(a)(ia) and that only what remains payable wouldattract that section?3. Whether the word paid would includepayable for the purpose of disallowance madeunder Section 40(a)(ia)?” 3. Mr.T.Ravikumar, learned Senior Standing Counsel for Income Taxsubmitted that the tax implication in the instant appeal is less thanthe ceiling limit fixed by the Circular bearing No.21 of 2015, dated10/12/2015. He further submitted that as per the Circular, Tax CaseAppeal has been instructed to be withdrawn, subject to the mattercovered under the circular. 4. Placing on record the above submissions, the Tax Case Appealis dismissed as withdrawn. However, there shall be no order as tocost. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To1.The Assistant Registrar,Income Tax Appellate Tribunal,Madras "B"Bench. 2.The Commissioner of Income TaxAppeals VIII, Nungambakkam,Chennai. 3.The Assistant Commissioner of Income Tax,Circle V, Chennai-34. +1 cc to Mr.M.Swaminathan, Advocate,sr.43449 +1 cc to Mr.N.V.Balaji, Advocate,sr.43450. tm(co)krd 17/8 Tax Case Appeal No.48 of 2014