M/S.m.ct.m. Corporation Pvt. Ltd.,(Now Demerged Into I.e. M.ct.m. Global (P) Ltd., &Sivagami Holdings (P) Ltd.,Rep. By Its Managing Director M.ct.muthiah,761, A v. The Asst. Commissioner Of Incometax, Company Circle Iv (1)
High Court
21 Mar 2024 In favour of: Revenue
Forum / Bench
High Court · hc_cis_mas
Parties
M/S.m.ct.m. Corporation Pvt. Ltd.,(Now Demerged Into I.e. M.ct.m. Global (P) Ltd., &Sivagami Holdings (P) Ltd.,Rep. By Its Managing Director M.ct.muthiah,761, A v. The Asst. Commissioner Of Incometax, Company Circle Iv (1)
Date of order
21 Mar 2024
Assessment year(s)
—
Outcome
Dismissed
Case summary
In M/S.m.ct.m. Corporation Pvt. Ltd.,(Now Demerged Into I.e. M.ct.m. Global (P) Ltd., &Sivagami Holdings (P) Ltd.,Rep. By Its Managing Director M.ct.muthiah,761, A v. The Asst. Commissioner Of Incometax, Company Circle Iv (1), the High Court (2024) dismissed the appeal under Section 36 of the Income-tax Act. The decision went in favour of the Revenue.
Decision: In the light of that, the writ petition is dismissed as withdrawn.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
The order — as passed by the High Court
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.03.2024
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.15915 of 2006
M/s.M.CT.M. Corporation Pvt. Ltd.,(Now demerged into i.e. M.CT.M. Global (P) Ltd., &Sivagami Holdings (P) Ltd.,rep. by its Managing Director M.Ct.Muthiah,761, Anna Salai,Chennai-600 002.
.. Petitioner
vs
1.The Asst. Commissioner of Incometax, Company Circle IV (1), 121, Nungambakkam High Road, Chennai-34.
2.The Commissioner of Income-tax (Appeals) – VI, No.121, Nungambakkam High Road, Chennai-600 034.
3.Union of India, Ministry of Finance, rep. by its Secretary, Dept. of Revenue, Central Secretariat, Norty Block, New Delhi-110 001.
.. Respondents
__________Page 1 of 4
W.P.No.15915 of 2006
Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of declaration declaring Section 36 of the Finance Act ultra-vires and unconstitutional and strike the same.
For the Petitioner
: Ms.Sree Lakshmi Vallifor M/s.Mallika Srinivasanfor M/s.Mallika Srinivasan
For the Respondents
: Mr.A.KumaraguruSr. Panel Counselfor respondent No.3Sr. Panel Counselfor respondent No.3
: No appearancefor respondents 1 and 2
ORDER
(Order of the court was made by the Hon'ble Chief Justice)
Learned counsel for the petitioner submits that the petitioner has taken the benefit of Vivad Se Vishwas Scheme and, as such, seeks leave to withdraw the writ petition.
2. In the light of that, the writ petition is dismissed as withdrawn. There shall be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.)
21.03.2024
Index : Yes/NoNeutral Citation: Yes/Nobbr
Page 2 of 4
To
1.The Asst. Commissioner of Incometax, Company Circle IV (1), 121, Nungambakkam High Road, Chennai-34.
2.The Commissioner of Income-tax (Appeals) – VI, No.121, Nungambakkam High Road, Chennai-600 034.
3.The Secretary, Union of India, Ministry of Finance, Dept. of Revenue, Central Secretariat, Norty Block, New Delhi-110 001.
Page 3 of 4
Page 4 of 4
W.P.No.15915 of 2006
THE HON'BLE CHIEF JUSTICEANDD.BHARATHA CHAKRAVARTHY,J.bbr
W.P.No.15915 of 2006
21.03.2024
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