The Commissioner Of Income Tax, Circle, Tuticorin v. M/S.raja Agencies, Tuticorin

In the High Court of Judicature at Madras Dated : 02.1.2019 Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mr.Justice N.SATHISH KUMAR Tax Case Appeal No.176 of 2018 The Commissioner of Income Tax, Circle, Tuticorin ...Appellant Vs M/s.Raja Agencies, Tuticorin...Respondent APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 26.9.2017 in ITA No.339/Mds/2017 on thefile of the Income Tax Appellate Tribunal Madras 'B' Bench forthe assessment year 2013-14. Against the order of the Commissioner of Income Tax(Appeals)-I, Madurai made in I.T.A.No.0041/2016-17 order dated07.11.2016 and against the order of the Deputy Commissioner ofIncome Tax, Circle-I, Tuticorin made in PAN/GIR No. ,order dated 22.03.2016 for the Assessment Year 2013-14. For Appellant : Mr.M.Swaminathan, SSC Judgment was delivered by T.S.SIVAGNANAM,JHeard the learned Standing Counsel for the appellant. 2. This appeal by the Revenue challenges the order passed bythe Income Tax Appellate Tribunal, which decided the issue infavour of the assessee. The appeal was admitted on 10.4.2018 onthe following substantial questions of law : https://hcservices.ecourts.gov.in/hcservices/ “i. Whether the Tribunal erred in law inholding that the assessee is eligible fordeduction towards employees contribution PFand ESI payment which has been paid beforethe due date of filing of return of incomeunder Section 139(1) of the Income Tax Act,1961 ? and ii. Whether the Tribunal erred in lawin holding that container freight stationdeveloped and operated by the assesseeconstitutes an 'inland port' and therefore,attracts deduction under Section 80IA(4) ofthe Income Tax Act, 1961?” 3. The Revenue seeks to withdraw this 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 under exceptional clauses mentionedin the circular, liberty is granted to the Revenue to make amention to this Court to restore the appeal to be heard anddecided on merits. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1. The Income Tax Appellate Tribunal, Madras 'B' Bench. 2. The Commissioner of Income Tax(Appeals)-I, Madurai. 3. The Deputy Commissioner of Income Tax, Circle-I, 19A, W.G.C.Road, Tuticorin. 4. The Commissioner of Income Tax Circle,Tuticorin.+1 cc to Mr.M.Swaminathan, Advocate SR.No.56 CP(CO)CSL/14.02.2019