The Commissioner Of Income Tax, Chennai v. M/S.brakes India Ltd., Padi.chennai 600 050
High Court
09 Nov 2018 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
The Commissioner Of Income Tax, Chennai v. M/S.brakes India Ltd., Padi.chennai 600 050
Date of order
09 Nov 2018
Assessment year(s)
—
Outcome
Dismissed
Case summary
In The Commissioner Of Income Tax, Chennai v. M/S.brakes India Ltd., Padi.chennai 600 050, the High Court (2018) dismissed the appeal. The decision went in favour of the assessee.
Decision: In the light of the above, the appeals are dismissed aswithdrawn and the substantial question of law framed is leftopen.
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
Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM
and
The Honourable Mr.Justice N.SATHISH KUMAR
Tax Case Appeal Nos.959 and 960 of 2010 & MP.No.1 of 2010
The Commissioner of Income Tax, Chennai
... Appellant/Appellant inboth the appeals
Vs
M/s.Brakes India Ltd., Padi.Chennai 600 050.
... Respondent/Respondent in both the appeals
Prayer:-APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 24.2.2010 respectively in ITANos.1903 and 1904/Mds/ 2009 on the file of the Income TaxAppellate Tribunal Madras 'C' Bench for the assessment years1991-92 and 2000-01 preferred against the order of theCommissioner of Income Tax (Appeals) Large Tax payer Unit,Chennai dated 30.09.2009 made in I.T.A.No.26/08-09/LTU(A) andI.T.A.No.20/08-09/LTU(A), against the order of the AssistantCommissioner of Income Tax, Company Circle I(2)(I/c), Chennaidated 28.06.2006 made in G.I.No.BXI-026 and AssistantCommissioner of Income Tax, Large Tax Payer Unit, Chennai dated30.09.2008 made in AAACB2553Q/1991-92
COMMON JUDGMENT(Judgment was delivered by T.S.SIVAGNANAM,J)
Heard the learned counsel for the appellant.
2. These appeals by the Revenue challenge the common order
https://hcservices.ecourts.gov.in/hcservices/
passed by the Income Tax Appellate Tribunal, which decided theissue in favour of the assessee.
3. The Revenue seeks to withdraw the appeals on account oflow tax effect in terms of Circular No.3 of 2018 dated 11.7.2018issued by the Central Board of Direct Taxes.
4. In the light of the above, the appeals are dismissed aswithdrawn and the substantial question of law framed is leftopen. In the event, in each of the cases, the tax effect isabove the threshold limit fixed in the said circular underexceptional clauses mentioned in the circular, liberty isgranted to the Revenue to make a mention to this Court torestore the appeals to be heard and decided on merits. No costs.Consequently, the connected MP is also dismissed.
Sd/- Assistant Registrar //True Copy// Sub Assistant RegistrarTo1. The Income Tax Appellate Tribunal, Madras 'C' Bench.2. The Commissioner of Income Tax, Large Tax Payer Unit, Chennai.
3. The Assistant Commissioner of Income Tax, Company Circle I(2)(I/C), Chennai.4. The Assistant Commissioner of Income Tax, Large Payer Unit, Chennai.
+2 cc's to Mr.T.Ravi Kumar, Advocate Sr.No.76630&76631
TCA.Nos.959& 960 of 2010and MP.No.1 of 2010
GMI(CO)CSL/31.01.2019
https://hcservices.ecourts.gov.in/hcservices/
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