The Commissioner Of Income Tax,Madurai v. M/S. Oriental Hospital Ltd
High Court
21 Dec 2016 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
The Commissioner Of Income Tax,Madurai v. M/S. Oriental Hospital Ltd
Date of order
21 Dec 2016
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In The Commissioner Of Income Tax,Madurai v. M/S. Oriental Hospital Ltd, the High Court (2016) dismissed the appeal. The decision went in favour of the assessee.
Issue: The appeal has been admitted on 2.07.2008 for consideration of the following substantial question of law: "Whether on the facts and in the circumstances of the case, that the carried forward business losses can be set off against income from other sources?" 2.
Decision: Accordingly, the Tax Case (Appeal) is dismissed as not pressed, preserving the substantial question of law for determination in an appropriate case.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.12.2016
CORAM
THE HON'BLE MR.JUSTICE HULUVADI G. RAMESHANDTHE HON'BLE DR.JUSTICE ANITA SUMANTH
Tax Case (Appeal) No.482 of 2008
The Commissioner of Income Tax,Madurai.... Appellant
Vs.
M/s. Oriental Hospital Ltd.,No.41, First Main Road, Narayanapuram West, Madurai....Respondent
Tax Case Appeal filed under Sec. 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras 'D' Bench, Chennai, dated 21.09.2007 in ITA No.1175/Mds/2006.
For Appellant
For Respondent
: Mr.M.Swaminathan, Senior Standing Counsel : Mr.R.Vijayaraghavan for M/s.Subbaraya Aiyar
JUDGMENT
(Judgment of the Court was delivered by Dr.Anita Sumanth, J.,)
The Tax Case Appeal filed by the Revenue calls in question the correctness of an order passed by the Income Tax Appellate Tribunal, Madras 'D' Bench, Chennai, dated 21.09.2007 in ITA
No.1175/Mds/2006. The appeal has been admitted on 2.07.2008 for consideration of the following substantial question of law:
"Whether on the facts and in the circumstances of the
case, that the carried forward business losses can be
set off against income from other sources?"
2. Mr.M.Swaminathan, learned Senior Standing Counsel appearing for the appellant would state that the tax effect involved in the appeal is below the monetary limit for filing appeals, prescribed by the Central Board of Direct Taxes in Circular No.21/2015, dated 10.12.2015.
3. Accordingly, the Tax Case (Appeal) is dismissed as not pressed, preserving the substantial question of law for determination in an appropriate case. No costs.
(H.G.R.,J.) (A.S.M.,J.) 21.12.2016
ssk.
HULUVADI G. RAMESH, J. and
Dr.ANITA SUMANTH,J.
ssk.
T.C.A.No.482 of 2008
21.12.2016
http://www.judis.nic.in
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