The Commissioner Of Income Tax Coimbatore v. M/S.s.k.k.exports

IN THE HIGH COURT OF JUDICATURE AT MADRASDated: 8/6/2016 C O R A M The Honourable Mr.Justice S.ManikumarandThe Honourable Mr.Justice D.Krishnakumar Tax Case Appeal No.923 of 2009 The Commissioner of Income TaxCoimbatore....Appellant/Respondent VsM/s.S.K.K.ExportsNo.93 Ramji NagarCollege RoadTirupur 641 602....Respondent/Appellant Prayer:Appeal filed against the order of the Income TaxAppellate Tribunal, Madras 'D' Bench, Chennai, dated 19/12/2007in ITA No.588/Mds/2007, against the Order of the Commissioner ofIncome Tax(Appeals)II, Coimbatore, dated 27.12.2006 in ITA212/2006-2007 against the order of Income Tax officer, ward(3),Tiruppur, dated 31.03.2006 in PAN/GIR.No. . For appellant : Mr.T.R.Senthil Kumar Senior Standing Counsel for Income Tax.For respondent : No appearance- - - - - - J U D G M E N T (Judgment of the Court was made by S.Manikumar,J) This Appeal has been filed against the order of the IncomeTax Appellate Tribunal, 'D' Bench, Madras, dated 19/12/2007. 2. The substantial question of law raised in the instantappeal is:- https://hcservices.ecourts.gov.in/hcservices/ “Whether on the facts and in thecircumstances of the case, the Tribunal wasright in holding that interest underSection 234 B of the Income Tax Act on thebasis of increased liability pursuant toinsertion of the 5[th] provisio to Section 80HHC w.e.f.1/4/1992 is not leviable?” 3. Mr.T.R.Senthil Kumar, learned Senior StandingCounsel for Income Tax submitted that the tax implication in theinstant appeal is less than the ceiling limit fixed by theCircular bearing No.21 of 2015, dated 10/12/2015. He furthersubmitted that as per the Circular, Tax Appeals have beeninstructed to be withdrawn, subject to the matters covered underthe Circular. 4. Placing on record the above submissions, whiledismissing the Tax Case Appeal No.923 of 2009, as withdrawn,substantial question of law raised is left open. No costs. -s/d-Assistant Registrar(CSIII)True CopySub-Assistant RegistrarmvsTo1.The Income Tax Appellate Tribunal,Madras 'D'Bench, Chennai 2.The Commissioner of Income Tax(Appeals)II,Coimbatore 3.The Income Tax OfficerWard(3), Tiruppur +1 cc to Mr.T.R.Senthilkumar Senior Standing Counsel sr.30743 Tax Case Appeal No.923 of 2009 gjII(co)aa22/06/2016