The Commissioner Of Income Taxcircle Vchennai v. Shri.k.srikkanth'aaryaas'

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.1008 of 2009 The Commissioner of Income TaxCircle VChennai. ...Appellant/Appellant Vs Shri.K.Srikkanth'Aaryaas' No.378Kapaleeswarar NagarNeelangaraiChennai 41. ...Respondent/Respondent Prayer:Appeal filed against the order of the Income TaxAppellate Tribunal, Madras 'C' Bench, Chennai, dated 6/2/2009 inITA No.1512/Mds/2008 preferred against the order of theCommissioner of Income Tax (Appeals)VIII Chennai, dated17.4.2008 in PAN.NO. against the order of theAssistant Commissioner of Income Tax Circle V Chennai-34 dated26.12.2007 for the Assessment year 2005-2006.For appellant : Mr.T.R.Senthil Kumar Senior Standing Counsel for Income Tax. For respondent : Mr.S.Sridhar 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, 'C' Bench, Madras, dated 6/2/2009. 2. The substantial questions of law raised in the instantappeal are:- https://hcservices.ecourts.gov.in/hcservices/ “1. Whether on the facts and in thecircumstances of the case, the ITAT isright in not adjudicating the specificgrounds raised in the appeal? 2. Whether on the facts andcircumstances of the case, the Tribunal isright in deleting the addition on technicalgrounds since addition was made underSection 41 (1) of I.T.Act? 3. Whether on the facts andcircumstances of the case, the existence ofthe company is essential to claim liabilityor not?” 3. Mr.T.R.Senthil Kumar, learned Senior Standing Counsel forIncome Tax submitted that the tax implication in the instantappeal is less than the ceiling limit fixed by the Circularbearing No.21 of 2015, dated 10/12/2015. He further submittedthat as per the Circular, Tax Appeals have been instructed to bewithdrawn, subject to the matters covered under the Circular. 4. Placing on record the above submissions, whiledismissing the Tax Case Appeal No.1008 of 2009, as withdrawn,substantial questions of law raised are left open. No costs. Sd/- Asst.Registrar (CS III ) /true copy/Sub Asst. Registrar To1.The Commissioner of Income TaxCircle VChennai. 2.The Commissioner of Income Tax,Appeals VIII, Chennai. 3.The Assistant Commissioner of Income Tax circl V, Chennai. +1 cc to Mr.T.R.Senthilkumar, advocate,sr.30744+1 cc to Mr.S.Sridhar, advocate,sr.30480. pvs(co)krd 5/8Tax Case Appeal No.1008 of 2009 https://hcservices.ecourts.gov.in/hcservices/