The Commissioner Of Income Tax, Chennai v. M/S.south India Travels Pvt. Ltd., Chennai-32
High Court
24 Oct 2018 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
The Commissioner Of Income Tax, Chennai v. M/S.south India Travels Pvt. Ltd., Chennai-32
Date of order
24 Oct 2018
Assessment year(s)
2002-03
Outcome
Dismissed
Case summary
In The Commissioner Of Income Tax, Chennai v. M/S.south India Travels Pvt. Ltd., Chennai-32, the High Court (2018) dismissed the appeal. The decision went in favour of the assessee.
Decision: In the light of the above, the appeal is dismissed aswithdrawn and the substantial questions of law framed are 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 Mrs.Justice V.BHAVANI SUBBAROYAN
The Commissioner of Income Tax, Chennai...Appellant
Vs
M/s.South India Travels Pvt. Ltd., Chennai-32...Respondent
APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 28.11.2014 in ITA No.1587/Mds/2014 onthe file of the Income Tax Appellate Tribunal Chennai 'A' Benchfor the assessment year 2002-03, Preferred against the order tothe Commissioner of Income Tax Appeals VI, Chennai-34 made inITA 843/13-14 dated 31/3/2014 against the order dated 8/10/2009in G.I.No.SO 110 AAACS3792E/2002/03 passed by the AssistantCommissioner of Income Tax Company Circle VI(3) Chennai againstthe order dated 2/2/2004 passed by the Commissioner of IncomeTax (Appeals)V, Chennai-34, in ITA 96/2007-08 against theAssessment order dated 31/7/2007 passed by the Income TaxOfficer (OSD) Company Circle VI(3), chennai.
For Appellant : Mr.T.R.Senthilkumar & Ms.K.G.Usharani
For Respondent : Mr.R.Venkatanarayanan for M/s.Subbaraya Aiyar PadmanabhanJudgment was delivered by T.S.SIVAGNANAM,J
Heard the learned counsel for the appellant.
2. This appeal by the Revenue challenges the order passedby the Income Tax Appellate Tribunal, which decided the issue infavour of the assessee.
https://hcservices.ecourts.gov.in/hcservices/
3. The Revenue seeks to withdraw the appeal 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 appeal is dismissed aswithdrawn and the substantial questions of law framed are leftopen. In the event the tax effect is above the threshold limitfixed in the said circular, liberty is granted to the Revenue tomake a mention to this Court to restore the appeal to be heardand decided on merits. No costs.
Sd/-Assistant Registrar//True copy//Sub Assistant RegistrarRsTo1. The Income Tax Appellate Tribunal, Chennai 'A' Bench.2. The Commissioner of Income Tax (Appeals)-VI3. The Assistant Commissioner of Income Tax, Circle VI(3)4. The Commissioner of Income Tax Appeals V, Chennai-345. The Income Tax Officer (OSD), Company Circle VO (3) Chennai+1cc to Mr.T.R.Senthilkumar, Advocate SR.No.72912+1cc to M/s.Subbaraya Aiyar, Advocate SR.No.72936
TCA.No.918 of 2015RR(CO)GMY(06/12/2018)
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