M/S. Sri Lakshmi Saraswathi v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD M/s.Sri Lakshmi Saraswathi Textiles (Arni) Ltd., New #16, Old #17, Krishnama Road, Nungambakkam, Chennai-600 034 rep. by its Managing Director R.Srihari.

.. Petitioner in both WPs Vs 1.Union of India, rep. by its Secretary, Ministry of Finance, North Block, New Delhi.

2.The Assistant Commissioner of Income Tax, Company Circle - VI(4), Aayakar Bhavan, #121, Nungambakkam High Road, Chennai-600 034.

3.The Income Tax Appellate Tribunal, A-3, 2nd Floor, Rajaji Bhavan, Besant Nagar, Chennai-600 090.

.. Respondents in both WPs

Prayer : Petitions filed under Article 226 of the Constitution of India seeking issuance of a writ of declaration to declare the conditions and restrictions in the Third and Fourth Provisos to Section 80HHC(3) inserted vide Section 4 of Taxation Laws Amendment Act, 2005 (Act 55 of 2005) dated 28.12.2005 as ultra vires offending Article 14, Article 19(1)(g) and Article 300-A of the Constitution of India and Section 80HHC(1) of the Income Tax Act, 1961. For the Petitioner : Ms.Sree Lakshmi Valli for Mr.M.P.Senthil Kumar For the Respondents : Mr.V.Mahalingam Sr. Panel Counsel assisted by Mrs.S.Premalatha for respondent No.2 : No appearance for respondent No.1 COMMON ORDER (Order of the court was made by the Hon'ble Chief Justice) Learned counsel for the petitioner and learned Senior Panel Counsel for the second respondent are ad idem that the issue is no longer res integra and the same has been decided by the Apex Court in

the case of Commissioner of Income Tax-5 and another v. Avani Exports and another, (2016) 16 SCC 741.

2. In the light of that, the present writ petitions are allowed in terms of the judgment of the Apex Court in the case of Avani Exports, supra. There shall be no order as to costs. Consequently, M.P.Nos.1 2 of 2007 (4 Nos.) are closed.

(S.V.G., CJ.) (J.S.N.P., J.) 23.04.2024 Index :

Yes/No :

Yes/No bbr To 1.The Secretary, Union of India, Ministry of Finance, North Block, New Delhi.

2.The Assistant Commissioner of Income Tax, Company Circle - VI(4), Aayakar Bhavan, #121, Nungambakkam High Road, Chennai-600 034.

3.The Income Tax Appellate Tribunal, A-3, 2nd Floor, Rajaji Bhavan, Besant Nagar, Chennai-600 090.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD,J.

bbr 23.04.2024