The Commissioner Of Income Tax, Chennai v. M/S.india Cements Limitedsanthome, Chennai β 600 028
High Court
27 Jul 2015 In favour of: Assessee
Forum / Bench
High Court Β· hc_cis_mas
Parties
The Commissioner Of Income Tax, Chennai v. M/S.india Cements Limitedsanthome, Chennai β 600 028
Date of order
27 Jul 2015
Assessment year(s)
2009-10
Outcome
Dismissed
Case summary
In The Commissioner Of Income Tax, Chennai v. M/S.india Cements Limitedsanthome, Chennai β 600 028, the High Court (2015) dismissed the appeal. The decision went in favour of the assessee.
Decision: In any event, the order underchallenge is operational only for a limited period and the same hasnow been expired, nothing further survives in this appeal.Accordingly, this Tax Case (Appeal) stands dismissed.
Summary auto-generated from the order below β read the full judgment for the complete reasoning.
Sections referenced in this judgment
The order β as passed by the High Court
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.07.2015
CORAM
THE HONOURABLE MR.JUSTICE R.SUDHAKARANDTHE HONOURABLE MS.JUSTICE K.B.K.VASUKI
Tax Case (Appeal) No.425 of 2015
The Commissioner of Income Tax, Chennai. ...Appellant
Vs.
M/s.India Cements LimitedSanthome, Chennai β 600 028.
...Respondent
APPEAL under Section 260A of the Income Tax Act against theorder dated 10.10.2014 made in SP.No.270 of 2014 inI.T.A.No.1070/Mds/2012 on the file of the Income Tax AppellateTribunal 'C' Bench, Chennai for the assessment year 2009-10 againstthe order dated 21.03.2012 made in ITA No.658/2011-12/A-III on theorder of the Commissioner of Income Tax (Appeals) - III, Chennai,in PAN No.AAACT 1728P for the assessment year 2009-10 and asagainst the assessment order dated 30.12.2011 on the file of theAssistant Commissioner of Income Tax, Company Circle - II (3),Chennai - 94 in PAN No. for the assessment year 2009-10.For Appellant: Mr.T.R.Senthilkumar Standing counsel for Income TaxFor Respondent : Mr.R.Vijayaraghavan
J U D G M E N T(Delivered by R.SUDHAKAR,J.)
This Tax Case (Appeal) is filed by the Revenue as against theorder passed by the Income Tax Appellate Tribunal granting an orderof stay for a limited period in favour of the assessee in respectof the demand raised.
https://hcservices.ecourts.gov.in/hcservices/
2. It is seen from the order of the Tribunal that the Tribunalhad granted a conditional order of stay till 31.3.2015. The causeof action for filing this appeal appears to be on a misconceptionthat the Tribunal had granted an order of absolute stay. It ispointed out that originally a detailed order of stay was grantedand the present order under challenge is passed in pursuant to theearlier order granting stay. In any event, the order underchallenge is operational only for a limited period and the same hasnow been expired, nothing further survives in this appeal.Accordingly, this Tax Case (Appeal) stands dismissed. No costs.
Sd/-Assistant Registrar(CS-III)//True Copy//Sub Assistant RegistrarslTo1. The Income Tax Appellate Tribunal 'C' Bench, Chennai. 2. The Commissioner of Income Tax (Appeals)-III, Chennai.3. The Assistant Commissioner of Income-tax, Company Circle-II(3), Chennai.
1 CC to Mr.R.Venkatnarayanan, Advocate SR.No. 38598
T.C.(A) No.425 of 2015SVI (CO)PSI (10.08.2015)
https://hcservices.ecourts.gov.in/hcservices/
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