The Commissioner Of Income Taxchennai v. Appellant(S
High Court
10 Feb 2025 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
The Commissioner Of Income Taxchennai v. Appellant(S
Date of order
10 Feb 2025
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In The Commissioner Of Income Taxchennai v. Appellant(S, the High Court (2025) dismissed the appeal. The decision went in favour of the assessee.
Issue: In this appeal the appellant has raised the following Substantial Questions of law to be answered; https://www.mhc.tn.gov.in/judis “a.Whether in the facts and circumstances of the case, the Tribunal was right in holding the assessing officer while computing the Income from property cannot be added t...
Decision: In view of the aforesaid submissions made by the learned senior standing counsel for the appellant, the appeal is dismissed as withdrawn.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
TCA NO. 153 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-02-2025CORAM
THE HONOURABLE MR JUSTICE S. S. SUNDAR
AND
THE HONOURABLE MR JUSTICE C. SARAVANAN
TCA NO. 153 of 2009
The Commissioner Of Income TaxChennai
Vs
Smt.Sushila Devi KejriwalC/o. Shri Vijay Kejriwal, Plot No.50, E Door No.3-a, I Floor, 16 Cross Street, Besant Nagar, Chennai-90.
Appellant(s)
For Appellant(s):
M/s.J.Narayanasamy, Sr Standing CounselFor Respondent(s):Mr.A.K.Sriraman, Sole Respondent
Respondent(s)
ORDER
S.S.SUNDAR, J.andC.SARAVANAN, J.
This appeal is directed against the formal order of the Income Tax Appellate Tribunal dated
15.03.2005 in ITA No. 742/Mds /02. In this appeal the appellant has raised the following
Substantial Questions of law to be answered;
https://www.mhc.tn.gov.in/judis
“a.Whether in the facts and circumstances of the case, the Tribunal was right
in holding the assessing officer while computing the Income from property cannot be added to the notional interest on the security deposit of Rs.1 Crore, given by the tenant to the assessee to the annual value of the property?
b. Whether in the facts and circumstances of the case, the Tribunal was right in holding the fair market value of the property cannot be taken to the annual letting value of the property?
2. Learned senior standing counsel appearing for the appellant submitted that the amount
involved in the present appeal is below the monetary limit as per the circulars issued by the
Government of India, Ministry of Finance, Department of Revenue, Central Board of Direct
Taxes in Circular No. 5/2024 and 09/2024 dated 15.03.2024 and 17.09.2024 respectively.
3. In view of the aforesaid submissions made by the learned senior standing counsel for the
appellant, the appeal is dismissed as withdrawn. However, the Substantial Questions of Law
is left open to be answered at an appropriate appeal. No costs.
kas
(S.S.SUNDAR J.) (C.SARAVANAN J.)
10-02-2025
S.S.SUNDAR, J.
ANDC.SARAVANAN, J.
kas
T.C.A.No.153 of 2009
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