Tca/416/2015 Of Commissioner Of Income Tax v. M/S.southern Wind Farms

IN THE HIGH COURT OF JUDICATURE AT MADRAS THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY T.C.A.No.416 of 2015 M/s Southern Wind Farms Limited,15,Soundara Pandiyan Street,Ashok Nagar,Chennai 600 083.…Respondent Appeal under Section 260A of the Income Tax Act, 1961 againstthe orderIncome Tax Appellate Tribunal, Chennai ‘C’ Bench dated28.01.2014 in ITA No.878/Mds/2012. TCA.No.413 of 2015: Appeal filed against order of the Income TaxAppellate Tribunal Madras 'C'Bench, dated 28/01/2014 inITA.No.878/mds/2012, Assessment year 2008-2009 against TheCommissioner of Income Tax(Appeals)V, Dated 30/12/2011 CIT(A)-ITA No.208/10-11 PAN.No.AAJCS06461 Assessment year 2008-2009against Assistant Commissioner of Income Tax Campus Circle VI(3)PAN No.AAJC06462 Assessment year 2007-2008. For Appellant : Mr.J.Narayanaswamy, Senior Standing Counsel The Court was held by Video Conference as per the Resolution ofthe Full Court dated 03 July 2020, by Judges at the respectiveresidence and the counsel, staff of the Court appearing fromtheir respective residences. Page numbers https://hcservices.ecourts.gov.in/hcservices/ 2. This Tax Case Appeal has been filed by the Revenue,calling in question the correctness of the order passed by theIncome Tax Appellate Tribunal, Madras C Bench dated 28.01.2014 in ITA No.878/Mds/2012, by raising the following substantialquestions of law: i) Whether on the facts and in the circumstances of the case,the Appellate Tribunal was right in deleting the disallowancemade under Section 14A read with Rule 80 on the basis that theassessee did not have any exempt income?ii) Whether under the facts and in the circumstances of thecase, the Income Tax Appellate Tribunal was right in holdingthat PF and ESI contribution paid belatedly but prior to duedate of filing of return is allowable as deduction?"2. When the matter is taken up for hearing, learned StandingCounsel brought to our notice the Circular instruction issued bythe Central Board of Direct Taxes vide Circular No.17/2019 dated8th August 2019, wherein, it is stipulated that appeals shallnot be filed/pursued by the Department before the High Court incases where the tax effect does not exceed Rs.1,00,00,000/-(Rupees One Crore). 3. In the instant case, the tax effect is said to be less thanthe monetary limit imposed and therefore, the Appeal filed bythe Revenue is dismissed as withdrawn, keeping open thesubstantial questions of law for determination in appropriatecases. No costs. KSTTo 1.M/s Southern Wind Farms Limited, 15,Soundara Pandiyan Street, Ashok Nagar, Chennai 600 083. 2.The Income Tax Appellate Tribunal Madras 'C'Bench. Madras 'C'Bench. Page numbers 3.The Commissioner of Income Tax(Appeals V) No.121, Mahatma Gandhi Raod, Chennai-600 034. No.121, Mahatma Gandhi Raod, Chennai-600 034. 4.The Assistant Commissioner of Income Tax Company Circle VI(3) Chennai. Company Circle VI(3) Chennai. VSN II(CO)CB(02/11/2020) Page numbers T.C.A.No.416 of 2015