The Commissioner Of Income Tax Chennai v. M/S.tamil Film Producers Council 60 Anna Salai Chennai 600 006

IN THE HIGH COURT OF JUDICATURE AT MADRASDated: 22/6/2016 C O R A M The Honourable Mr.Justice S.ManikumarandThe Honourable Mr.Justice D.Krishnakumar Tax Case Appeal No.412 of 2016 The Commissioner of Income Tax Chennai. ...Appellant /RespondentVs M/s.Tamil Film Producers Council60 Anna SalaiChennai 600 006. ...Respondent/Appellant Prayer:Appeal filed against the order of the Income TaxAppellate Tribunal, Madras 'C' Bench, Chennai dated 3/7/2015 inITA No.2087/Mds/2013 preferred against the order of theCommissioner of Income Tax(Appeals)VII 121, Mahatma Gandhi Road,Chennai 34 dated 25/9/13 made in ITA No.638/11-12 preferredagainst the order of the Deputy Director of Income Tax(Exemptions)-I, Chennai dated 29/12/2011 made in PAN/GIRNO. for the Assessment Year 2009-10. For appellant : Mr.S.Rajesh Junior Standing Counsel and Mr.J.Narayanasamy Senior Standing Counsel for Income Tax. J U D G M E N T (Judgment of the Court was made by S.Manikumar,J)This Appeal is filed against the order of the Income TaxAppellate Tribunal, 'C' Bench, Madras, dated 3/7/2015. 2. Substantial questions of law raised in the instantappeal are:- “1. Whether on the facts and in thecircumstances of the case, the Tribunal was https://hcservices.ecourts.gov.in/hcservices/ right in holding that the insertion of theproviso to Section 2 (15) w.e.f.1/4/2009will not be applicable for the presentassessment year 2009-10 and would beapplicable from the AY 2010-11 only eventhough the notes on clauses to the FinanceBill 2008 clearly mentions that theinsertion of the said proviso will beapplicable for the present assessment year2009 – 10. 2. Whether on the facts and in thecircumstances of the case the Tribunal wasright in holding that the assessee will beeligible for exemption under Section 11subject to the fulfilment of the conditionsstipulated under Sections 11, 12, 13 of theAct and thereby remitted the case to theassessing officer even though the assesseefails to satisfy the existence forcharitable purpose?” 3. At the time, when the matter came up for admission,Mr.S.Rajesh, learned Junior Standing Counsel appearing for theIncome Tax Department, requested for an adjournment.Accordingly, we directed the Registry to post the mattertomorrow, i.e., on 23/6/2016. However, later in the day,Mr.J.Narayanasamy, learned Senior Standing Counsel for IncomeTax submitted that the tax implication in the instant appeal isless than the monetary ceiling limit fixed in the Circularbearing No.21 of 2015, dated 10/12/2015. He further submittedthat as per the Circular, Tax Case Appeal has been instructed tobe withdrawn. 4. Placing on record the above submissions, whiledismissing the Tax Case Appeal No.412 of 2016, as withdrawn,substantial questions of law raised are left open. No costs. Assistant Registrar(CS VI) //True Copy// To 1.The Income Tax Appellate Tribunal, "C" Bench, Chennai. "C" Bench, Chennai. 2.The Commissioner of Income Tax (Appeals) VII, 121, Mahatma Gandhi Road, Chennai-34. 121, Mahatma Gandhi Road, Chennai-34. 3.The Deputy Director of Income Tax, (Exemptions)-I, Chennai. (Exemptions)-I, Chennai. +1cc to Mr.T.Narayanaswamy, Advocate Sr.34539 Tax Case Appeal No.412 of 2016msm[co]srg 21/07/2016