The Commissioner Of Income Tax Chennai v. M/S.refex Industries Ltdformerly Refex Refrigerators Ltdno
High Court
01 Oct 2024 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
The Commissioner Of Income Tax Chennai v. M/S.refex Industries Ltdformerly Refex Refrigerators Ltdno
Date of order
01 Oct 2024
Assessment year(s)
—
Outcome
Dismissed
Case summary
In The Commissioner Of Income Tax Chennai v. M/S.refex Industries Ltdformerly Refex Refrigerators Ltdno, the High Court (2024) dismissed the appeal. The decision went in favour of the assessee.
Issue: For Appellant : Mrs.V.Pushpa Senior Standing Counsel For Respondent : Mr.N.V.Balaji J U D G M E N T(Delivered by R.SURESH KUMAR, J.) This Tax Case Appeal has been filed by the Revenue calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, 'C' Bench, Chennai and...
Decision: Recording the said submission, this Tax Case Appeal is dismissed for low tax effect, keeping open the substantial question of law for adjudication at appropriate stage.
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: 01.10.2024
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMARANDTHE HON'BLE MR.JUSTICE C.SARAVANAN
Tax Case Appeal No.470 of 2015
The Commissioner of Income Tax Chennai....Appellant
Vs.
M/s.Refex Industries LtdFormerly Refex Refrigerators LtdNo.20, Mooker Nallamuthu StreetGeorge Town, Chennai 600 001.
...Respondent
-----
Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras 'C' Bench, Chennai, dated 09.09.2014 made in ITA No.972/Mds/2014.
For Appellant : Mrs.V.Pushpa Senior Standing Counsel For Respondent : Mr.N.V.Balaji
J U D G M E N T(Delivered by R.SURESH KUMAR, J.)
This Tax Case Appeal has been filed by the Revenue calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, 'C' Bench, Chennai and the appeal was admitted on the following substantial question of law:
"Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the order passed u/s.263 is not valid?"
2. It is brought to our notice by the learned Standing Counsel for the appellant Revenue that in the instant case, the tax effect is said to be less than the monetary limit imposed and therefore, the appeal filed by the Revenue can be disposed of, keeping the substantial question of law raised in this appeal open for adjudication at a later point of time.
3. Recording the said submission, this Tax Case Appeal is dismissed for low tax effect, keeping open the substantial question of law for adjudication at appropriate stage. No costs.
NCS : Yes/NoIndex : Yes/NoKST
(R.S.K.,J.) (C.S.N.,J.) 01.10.2024
To
The Income Tax Appellate Tribunal'C' Bench, Chennai.
T.C.A.No.470 of 2015
R.SURESH KUMAR, J.ANDC.SARAVANAN, J.
KST
T.C.A.No.470 of 2015
01.10.2024
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