The Commissioner Of Income Tax,Non Corporate Circle 20, Chennai v. M/S.channel Bharath Entertainmentprivate Limited, Chennai-83
High Court
20 Sep 2018 In favour of: Assessee
Forum / Bench
High Court · hc_cis_mas
Parties
The Commissioner Of Income Tax,Non Corporate Circle 20, Chennai v. M/S.channel Bharath Entertainmentprivate Limited, Chennai-83
Date of order
20 Sep 2018
Assessment year(s)
2007-2008, 2007-08
Outcome
Dismissed
Case summary
In The Commissioner Of Income Tax,Non Corporate Circle 20, Chennai v. M/S.channel Bharath Entertainmentprivate Limited, Chennai-83, the High Court (2018) dismissed the appeal. The decision went in favour of the assessee.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
The order — as passed by the High Court
In the High Court of Judicature at Madras
Dated : 20.9.2018
Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM
and
The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN
Tax Case Appeal No.737 of 2015
The Commissioner of Income Tax,Non Corporate Circle 20, Chennai
...Appellant
Vs
M/s.Channel Bharath EntertainmentPrivate Limited, Chennai-83....Respondent
APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 04.3.2015 in ITA No.2968/Mds/2014 on thefile of the Income Tax Appellate Tribunal Madras 'A' Bench forthe assessment year 2007-08 against the order of theCommissioner of Income Tax(Appeals)-IV, Chennai dated 08/09/2014and made in ITA.No.12/13-14.
Media Circle-I, Chennai dated 7.03.2013 and made inPA.No./GIR.No.AACCC5564C for the Assessment year 2007-2008.
against the order of the Commissioner of Income Tax, ChennaiIV, Chennai dated 15.03.2012 and made in C.No.1321(18)/CITIV/2007-2008.
For Appellant : Mrs.S.Premalathafor M.SwaminathanFor Respondent : Mr.S.Sridhar
Judgment was delivered by T.S.SIVAGNANAM,J
We have heard the learned counsel on either side.
2. The Revenue has preferred this appeal challenging theorder dated 04.3.2015 passed by the Income Tax AppellateTribunal in ITA.No.2968/Mds/ 2014 for the assessment year 2007-08. 3. The above appeal has been admitted on 02.9.2015 on thefollowing substantial question of law :
https://hcservices.ecourts.gov.in/hcservices/
“Whether, on the facts and in thecircumstances of the case, the Income TaxAppellate Tribunal was right in law inquashing the order passed under Section 143(3) read with Section 263 of the Income TaxAct without going into the merits of theimpugned order ?”
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 question of lawframed in this appeal is left open. No costs.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
RS
To
1.The Income Tax Appellate Tribunal, Madras 'A' Bench.
2 The Commissioner of Income Tax(Appeals)-IV,Chennai
3.The Deputy Commissioner of Income-Tax,Media Circle I, Chennai.
4.The Commissioner of Income Tax,Chennai IVChennai.
+1 cc to Mr.S.Sridhar Advocate sr 65380
+1 cc to Mr.M.Swaminathan, Advocate sr 65371
aa15/10/2018
TCA.No.737 of 2015
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