The Commissioner Of Income Tax, Media Circle, Chennai v. Shri C.venkataraju

In the High Court of Judicature at Madras Dated : 19.9.2018 Coram : THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMAND THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Tax Case Appeal No.859 of 2016 The Commissioner of Income Tax, Media Circle, Chennai ...Appellant Vs Shri C.Venkataraju, Proprietor,Gita Chitra International...Respondent APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 15.6.2016 in ITA No.94/Mds/2016 on thefile of the Income Tax Appellate Tribunal Madras 'C' Bench forthe assessment year 2007-08 and against the order dated26.11.2015 and made in ITA.No.105/2013-2014 on the file of theCommissioner of Income Tax(Appeals )14, Chennai 34 and againstthe order dated 28.03.2013 and made in P.A.N.GIR. No. ABVPC7837Ron the file of Assistant Commissioner Of Income Tax, MediaCircle II, Chennai 34. For Appellant : Ms.S.Premalatha for Mr.M.Swaminathan For Respondent: Mr.R.Sivaraman We have heard the learned counsel on either side. 2. The Revenue has preferred this appeal challenging theorder dated 15.6.2016 passed by the Income Tax AppellateTribunal in ITA.No.94/Mds/ 2016 for the assessment year 2007-08. 3. The above appeal has been admitted on 03.1.2017 on thefollowing substantials question of law : “1. Whether, on the facts and in thecircumstances of the case and in law, theIncome Tax Appellate Tribunal erred indeleting the addition made under Section 49 https://hcservices.ecourts.gov.in/hcservices/ (a)(ia) in respect of interest expensesdebited to P & L, on which, tax was notdeducted at source under Section 194-A ornot remitted within due date ? and 2. Whether, on the facts and in thecircumstances of the case and in law, theIncome Tax Appellate Tribunal was right andjustified in holding that disallowance underSection 40(a)(ia) is applicable only topayments towards expenses payable as on 31stMarch of the previous year when the Sectiondoes not provide for any such condition ?” 4. The learned Standing Counsel for the appellant seekspermission to withdraw the above appeal based on the Board'smonetary policy circular. She would submit that on account ofthe monetary limit in this appeal, which is lesser than thethreshold fixed by the Board's circular dated 11.7.2018, she maybe permitted to withdraw the appeal. 5. The said submission of the learned Standing Counsel forthe Revenue is placed on record. The above tax case appeal isdismissed as withdrawn and the substantial questions of lawframed in this appeal are left open. No costs. s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To1. The Commissioner of Income Tax, Media Circle, Chennai 2. The Commissioner of Income Tax (Appeals)14, Chennai 34. 3. The Assistant Commissioner of Income Tax Media Circle II, Chennai 34. Media Circle II, Chennai 34. +1 CC to Mr.M. Swaminathan, Advocate sr 64804. TCA.No.859 of 2016 VD(CO)SP(03/10/2018)