The Commissioner Of Income Tax Tamil Nadu – Iiimadras v. M/S.reliance Tobacco Ltd“Chaitanya” Ii Floor
High Court
29 Jun 2016 In favour of: Unclear
Forum / Bench
High Court · hc_cis_mas
Parties
The Commissioner Of Income Tax Tamil Nadu – Iiimadras v. M/S.reliance Tobacco Ltd“Chaitanya” Ii Floor
Date of order
29 Jun 2016
Assessment year(s)
—
Outcome
Other
Case summary
In The Commissioner Of Income Tax Tamil Nadu – Iiimadras v. M/S.reliance Tobacco Ltd“Chaitanya” Ii Floor, the High Court (2016) decided the matter.
Issue: Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in law in restricting the disallowance of 50% even though the assessee partakes the nature of income from house property and none of the expenses related to business expenditure?” 3.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
The order — as passed by the High Court
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 29/6/2016
C O R A M
The Honourable Mr.Justice S.ManikumarandThe Honourable Mr.Justice D.Krishnakumar
Tax Case Appeal No.1470 of 2008
The Commissioner of Income Tax Tamil Nadu – IIIMadras.
...Appellant
Vs
M/s.Reliance Tobacco Ltd“Chaitanya” II Floor No.21Khader Nawaz Khan RoadChennai 600 006.
...Respondent
Prayer:Appeal filed against the order of the Income Tax Appellate Tribunal, Madras 'B' Bench, Chennai dated 31/12/2007 in ITA No.2351/Mds/2006.
For appellant : Mr.T.Ravikumar 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 Income Tax Appellate Tribunal, 'B' Bench, Madras, dated 10/4/2008.
2. The substantial questions of law raised in the instant appeal are:-
“1. Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in law, in restricting the disallowance to 50% of the business expenditure, even though the assessee has stopped its business activity in the year 1989 – 90 is valid?
2. Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in law in restricting the disallowance of 50% even though the assessee partakes the nature of income from house property and none of the expenses related to business expenditure?”
3. Mr.T.RaviKumar, learned Senior Standing Counsel for Income Tax submitted that the tax implication in the instant appeal is less than the ceiling limit fixed by the Circular bearing No.21 of 2015, dated 10/12/2015. He further submitted that as per the Circular, Tax Case Appeal has been instructed to be withdrawn.
4. Placing on record the above submissions, while dismissing the Tax Case Appeal No.1470 of 2008, as withdrawn, substantial questions of law raised are left open. No costs.
mvs.
(S.M.K.,J) (D.K.K.,J) 29[th] June 2016.
Index: yes/No
website: Yes/No.
4
S.MANIKUMAR,J
a n d
D.KRISHNAKUMAR,J
mvs.
Tax Case Appeal No.1470 of 2008
29/6/2016
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