The Commissioner Of Income Tax,Tamil Nadu-I, Madras v. M/S.v.d.swami And Co

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-07-2011 THE HONOURABLE MRS.JUSTICE CHITRA VENKATARAMANANDTHE HONOURABLE MR.JUSTICE M.JAICHANDREN Tax Case (Appeal) Nos.970 and 971 of 2004 The Commissioner of Income Tax,Tamil Nadu-I, Madras... Appellant in both the appeals. Versus M/s.V.D.Swami and Co.26, Cathedral Road,Chennai-600 086... Respondent in both the appeals. Prayer in T.C.No.970 of 2004: Appeal filed against the order of theIncome Tax Appellate Tribunal "B" Bench, dated 23.2.2004, in ITANo.2592/Mds/95, under Section 260 A of the Income Tax Act, 1961.Against the order of the Commissioner of Income Tax (Appeals) III,Madras dated 28.8.97 and made in ITA No.16/97-98. Prayer in T.C.No.971 of 2004: Appeal filed against the order of theIncome Tax Appellate Tribunal "B" Bench, dated 23.2.2004, in ITANo.2112/Mds/1997, under Section 260 A of the Income Tax Act, 1961.Against the order of the Deputy Commissioner of Income Tax SpecialRange III, Chennai, dated 27.3.97 in PAN/GIR No.IV/1994-95. For Appellant :Mr.Patty P.Jeganathan in both the TCAs For Respondent :Mr.P.J.Rishikesh JUDGMENT(Judgment of the Court was made by CHITRA VENKATARAMAN,J.) The Tax Appeals relate to the assessment year 1994-1995. 2. Learned counsel appearing for the assessee fairly submittedthat the question raised in the present tax appeal is covered by thedecision of this Court in T.C.(A) No.768 of 2004, dated 18.7.2011. 3. Following the above-said decision of this Court, dated18.7.2011, in T.C.(A) No.768 of 2004, which in turn, followed,Commissioner of Income Tax Vs. Nameel Leathers and Uppers (273 ITRhttps://hcservices.ecourts.gov.in/hcservices/ 350), the question is answered against the Revenue. The tax caseappeal stands dismissed. No costs. Sd/ Asst. Registrar/true copy/ Sub Asst.Registrar cshTo1. The Commissioner of Income-Tax (Appeals)-III,Madras.2. The Deputy Commissioner,Special Range III,Chennai-600 034.3.The Assistant Registrar,Income Tax Appellate Tribunal B Bench,Rajaji Bhavan, IIIrd Floor, Besant Nagar,Chennai1 cc To Mr.Patty B.Jeyanathan, Advocate, SR.438771 cc To Mr.P.J.Rishikesh, Advocate, SR.43785Tax Case (Appeal) Nos.970 and 971 of 2004GV (CO)RH (22.8.11)