Tca/132/2013 Of Commissioner Of Income Tax v. M/S The Vengamedu Wcs Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case Nos.132 & 133 of 2013 M/S THE PERIYAR PRIMARY CUM INDUSTRIES WCS LTD... RESPONDENT IN T.C.A. 133/2013. Tax Case Appeals filed under Section 260A of the Income TaxAct, 1961 against the common order of the Income Tax AppellateTribunal 'D' Bench, Chennai dated 11.06.2012 in ITA Nos.2005 &2008/Mds/2011 respectively. TC(A)132/2013: Tax Appeal against order of the Income TaxAppellate Tribunal Madras 'D' Bench dated 11.06.2012 in I.T.A.No. 2005/MDS/2011 Assessment year 2005-2006 against the IncomeTax Appellate Tribunal 'D' Bench Chennai against the officer ofthe Commissioner of Income Tax Appeals i, Coimbatore Appeal No.262/2010-2011 dated 08.09.2011 PAN No. AAAA1421D Assessment year2005-2006. TC(A)133/2013: Tax Appeal against the order of the Income TaxAppellate Tribunal Madras 'D' Bench dated 11.06.2012 in I.T.A.No. 2008/MDS/2011 against the Commissioner of Income Tax(Appeals)I, Coimbatore order dated 08.09.2011 appeal No.259/2010-2011 in Assessment year 2008-2009 in PAN No. AAA3022A. For Respondent: Mr.G.Baskar J U D G M E N T (Judgment of the Court was delivered by DR.VINEET KOTHARI,J) These Tax Case Appeals have been filed by the Revenuecalling in question the correctness of the order passed by theIncome Tax Appellate Tribunal, 'D' Bench, Madras, by raising thefollowing substantial question of law: "1.Whether under the facts and in the circumstancesof the case, the Hon'ble Income Tax AppellateTribunal was right in in holding that the Assesseesociety is eligible of availing the benefits ofdeduction under Section 80P(2)(a)(ii) of the IncomeTax Act?2. Whether under the facts and in the circumstancesof the case, the Hon'ble Income Tax AppellateTribunal was right in law in holding that theassessee society is a cottage industry and thereforeis eligible for deduction under Section 80(P)(2)(a)(ii)?3. Whether under the facts and in the circumstancesof the case, the Hon'ble Income Tax AppellateTribunal was right in holding that the assesseesociety has satisfied all the criteria laid down inBoard Circular No.722 dated 19.9.1995 for availingbenefits under Section 80(P)(2)(a)(ii)?” 2. When the matter was taken up for hearing, the learnedStanding Counsel brought to our notice the Circular instructionissued by the Central Board of Direct Taxes vide CircularNo.17/2019 dated 8th August 2019, wherein, it is stipulated thatappeals shall not be filed/pursued by the Department before theHigh Court in cases where the tax effect does not exceedRs.1,00,00,000/- (Rupees One Crore). 3. In the instant case, the tax effect is said to be lessthan the monetary limit imposed and therefore, the appeals filedby the Revenue are dismissed as not pressed, keeping open thesubstantial questions of law for determination in an appropriatecase. -s/d- Assistant Registrar(CCC) To 1. Income Tax Appellate Tribunal 'D' Bench,Chennai. 2. The Commissioner of Income Tax (Appeals)ICoimbatoreCoimbatore +1 Cc to Mr.G.Baskar, Advocate sr 11231. +1 CC to Mr.T.R.Senthil Kumar, Advocate sr 11666. T.C.(A) Nos.132 & 133 of 2013 VSNII(CO)SP(13/03/2020)