The Commissioner Of Income Tax, Company Circle-Iii, Chennai v. M/S.tenneco Rc India Private Limited, Hosur
High Court
08 Oct 2018 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
The Commissioner Of Income Tax, Company Circle-Iii, Chennai v. M/S.tenneco Rc India Private Limited, Hosur
Date of order
08 Oct 2018
Assessment year(s)
2004-2005
Outcome
Dismissed
Case summary
In The Commissioner Of Income Tax, Company Circle-Iii, Chennai v. M/S.tenneco Rc India Private Limited, Hosur, the High Court (2018) dismissed the appeal. The decision went in favour of the assessee.
Decision: In the light of the above, the appeals are 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
Dated : 08.10.2018
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMAND THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
Tax Case Appeal Nos.720 and 721 of 2015
The Commissioner of Income Tax, Company Circle-III, Chennai...AppellantVsM/s.Tenneco RC India PrivateLimited, Hosur-635126....Respondent
APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 30.1.2015 in ITA Nos.903 and904/Mds/2014 on the file of the Income Tax Appellate TribunalChennai 'C' Bench respectively for the assessment years 2004-05and 2005-06 against the order of the Commissioner of Income Tax(appeals )III, Chennai 34 dated 26.12.2013 made in I.T.A. No.997 & 996/2013-2014 and against the order of the DeputyCommissioner of Income Tax Company Circle III(2) Chennai34 dated29.12.2009 made in GIR/PAN.No. AAACH 8303E for assessment year2004-2005 & 2005-2006.
2. These appeals by the Revenue challenge the common orderpassed by the Income Tax Appellate Tribunal, which decided theissue in favour of the assessee.
3. The Revenue seeks to withdraw the appeals 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 appeals are dismissed aswithdrawn and the substantial questions of law framed are leftopen. In the event, in each of the cases, the tax effect isabove the threshold limit fixed in the said circular, liberty is
https://hcservices.ecourts.gov.in/hcservices/
granted to the Revenue to make a mention to this Court torestore the appeals to be heard and decided on merits.
-s/d-
Assistant Registrar(CS-IX)
True Copy
Sub-Assistant Registrar
To
1.The Income Tax Appellate Tribunal, Chennai 'C' Bench.2. The Commissioner of Income Tax, Company Circle III, Chennai.3. The Commissioner of Income Tax, Appeals III, Chennai.4. The Deputy Commissioner of Income Tax Company Circle III(2) Chennai 34.+1 CC to Mr.M.Swaminathan, Advocate sr 69040.+1 CC to Mr.T.N. Seetharaman, Advocate sr 69282.
TCA.Nos.720 & 721 of 2015
CA(CO)
SP(19/11/2018)
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