The Principal Commissioner Ofincome Tax-1 v. M/S.paragon Steels Pvt. Ltd., Coimbatore-18

In the High Court of Judicature at Madras Dated : 07.12.2017 Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mr.Justice K.RAVICHANDRABAABU Tax Case Appeal No.579 of 2017 The Principal Commissioner ofIncome Tax-1, No.63, RaceCourse Road, Coimbatore. ...Appellant Vs M/s.Paragon Steels Pvt. Ltd., Coimbatore-18....Respondent APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 03.3.2017 made in MP.No.214/Mds/2016 inITA.No.887/Mds/ 2015 on the file of the Income Tax AppellateTribunal, Madras 'D' Bench for the assessment year 2008-09against the Order of the Commissioner of Income Tax (Appeals-I),dated 19.01.2015, made in P.A.No./g.I.R.No.AABCP 3039J, for theassessment year 2008-09 and against the order of the DeputyCommissioner of Income Tax, Coimbatore, dated 21.11.2013 made inP.A.No.AABCP 3039J, ward/Circle/Range-Company Circle IV (2), forthe assessment year 2008-09. Judgment was delivered by T.S.SIVAGNANAM,J Heard Mr.T.R.Senthilkumar, learned Senior Standing Counselfor the appellant. 2. This appeal is directed against the order passed by theIncome Tax Appellate Tribunal, 'D' Bench, Chennai made inMP.No.214/Mds/2016 in ITA. No.887/Mds/2015 dated 03.3.2017. 3. The said miscellaneous petition was filed by the Revenuebefore the Tribunal on the ground that Circular No.21/2015 ofthe Central Board of Direct Taxes is not applicable to the https://hcservices.ecourts.gov.in/hcservices/ appeal filed by the Revenue. The Tribunal verified the originalfiles and on perusal of the the approval granted by thePrincipal Commissioner of Income Tax under Rule 15 of theAppellate Tribunal Rules, 1963, the Tribunal found that theappeal was filed in the regular course and not on the basis ofthe audit objections. The Tribunal ultimately concluded thatparagraph 8 of Circular No.21/2015 issued by the Central Boardof Direct Taxes is not applicable and accordingly, the saidmiscellaneous petition filed by the Revenue was rejected. TheTribunal, after having considered the factual position andverified the original files, has taken a decision in the matterand we find no substantial question of law arises forconsideration in this appeal, as the entire finding is factual. 4. For the above reasons, the above tax case appeal isdismissed. Sd/-Assistant Registrar(CS V )//True copy//Sub Assistant RegistrarTo1.The Commissioner of Income Tax(Appeals)-I, Coimbatore.2.The Deputy Commissioner of Income Taxes Company Circle-IV (2), Coimbatore 3.The Income Tax Appellate Tribunal, Madras 'D' Bench.+1cc to Mr.T.R.Senthil Kumar, Advocate SR.No.87047 TCA.No.579 of 2017 MR(CO)GN(05/01/2018)