Commissioner Of Income Tax,Erode v. S K M Egg Products Export (Ind.) Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 12.11.2018 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMandTHE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Tax Case (Appeal) No.278 of 2009 Commissioner of Income Tax,Erode. -vs- ... Appellant S K M Egg Products Export (Ind.) Ltd.,18, Gandhiji Road, Erode. ... Respondent/Respondent Tax Case (Appeal) filed under Section 260-A of the IncomeTax Act, 1961 against the order of the Income-tax AppellateTribunalChennai'D'Bench,dated01.10.2007inI.T.A.No.2505/Mds/2005 for the assessment year 2000-01.For Appellant:Mr.T.R.Senthi Kumar,Senior Standing CounselFor Respondent :Ms.Sree Lakshmi Valli JUDGMENT (Delivered by T.S.Sivagnanam, J.)This appeal, by the Revenue, is directed against the orderof the Income-tax Appellate Tribunal Chennai 'D' Bench, dated01.10.2007, in I.T.A.No.2505/Mds/2005 for the assessment year2000-01. 2.The above appeal has been admitted on 09.06.2009, on thefollowing substantial question of law:- “Whether in the facts and circumstances ofthe case, the Tribunal was right in holding thatthe interest payable to IFCI, a provision forcontingent liability, need not be added back tothe book profit as per explanation (c) toSection 115 JB(1)?” 3.The learned counsel for the respondent has filed a memodated 12.11.2018, stating that in respect of the assessment year2000-01, the above substantial question of law does not arise https://hcservices.ecourts.gov.in/hcservices/ for consideration, as that was never in issue. This submissionis not controverted by the Revenue. Accordingly, the appeal, filed by the Revenue, is closed.No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant RegistrarabrTo1.The Income-tax Appellate Tribunal Chennai 'D' Bench.+1cc to Mr.T.R.Senthi Kumar, Advocate sr.no.77214+1cc to Mr.N.Muthukumar, advocate sr.no.77247T.C.(A) No.278 of 2009VGII(CO)NR 05/12/2018