M/S. Rajapalayam Mills Ltd.pac Ramaswamy Raja Salairajapalayam 626 117 v. The Deputy Commissioner Of Income Taxcircle I, Virudhunagar

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08.01.2019 THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE DR.JUSTICE ANITA SUMANTHTax Case Appeal No.5 of 2009 M/s. Rajapalayam Mills Ltd.PAC Ramaswamy Raja SalaiRajapalayam 626 117...Appellant/ Respondent Vs. The Deputy Commissioner of Income TaxCircle I, Virudhunagar. ..Respondent / Appellant ----- Tax Case Appeal filed under Section 260A of the IncomeTax Act, 1961 against the order of the Income Tax AppellateTribunal "B" Bench, Chennai, dated 17.10.2008 passed in ITANo.2184/Mds/2007 and against the order of the Commisionerof Income Tax (Appeals)-II, Madurai, dated 05.07.2007 madein ITA.444/06-07 and against the order of the DeputyCommisioner of Income tax Circle -I,virudhunagar dted06.09.2006 made in PAN / GIR NO.AAA CR 8897 F forAssessment Year 2004-2005. -----For Appellant : Ms.Akshita For Mr.P.J.RishikeshFor Respondent : Mr.M.Swaminathan Senior Standing Counsel and Ms.Premalatha.K----- The assessee, who is engaged in the business ofmanufacturing and export of yarn and biotechnologyproducts, has come up with the above appeal challenging anorder of the Income Tax Appellate Tribunal dated 17.10.2008relating to Assessment Year 2004-05 and the appeal has beenadmitted on the following substantial question of law:"Whether in facts and circumstances of https://hcservices.ecourts.gov.in/hcservices/ the case, the Tribunal was right in holdingthat the income earned out of sale of Wastecotton would form part of total income?" 2. The sole issue in the appeal relates to computationof relief under Section 10B of the Income Tax Act, 1961 (inshort 'Act') specifically in regard to the inclusion ofincome earned from the sale of cotton waste, as part of thetotal turnover of the appellant. 3. The issue whether the income earned from the saleof cotton waste to be included in the total turnover or nothas already been decided by us on 02.01.2019, in the caseof the assessee itself in TCA No.342 of 2009 for theassessment year 2005-06. 4. In view of the above, the tax case appeal isallowed in terms of the order dated 02.01.2019 made in TCANo.342 of 2009. No costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar kpl To 1. The Income Tax Appellate Tribunal "B" Bench Chennai 2. The Deputy Commissioner of Income Tax Circle I, Virudhunagar. 3.The Commisioner of Income Ta(Appeals)-II, Madurai. TCA No.5 of 2009. A.SK(01/03/2019)