The Commissioner Of Income Tax v. M/S Elgi Ultra Industries Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.01.2020
CORAM
THE HON'BLE DR.JUSTICE VINEET KOTHARI AND THE HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case Appeal No.30 of 2011 Commissioner of Income Tax Coimbatore.
... Appellant Vs.
M/s.Elgi Ultra Industries Ltd., Elgi House, Trichy Road, Coimbatore.
... Respondent Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal 'D' Bench, Chennai dated 26.10.2005 passed in I.T.A.No.1790/Mds/2003 Against the order dated 15.07.2003 made in I.T.A.No.219/2000-2001 on the file of the Commissioner of Income Tax (Appeals)I, Coimbatore for the Assessment year 1998-1999. Against the order dated 08.07.2003 made in I.T.A.No.23/2000-2001 on the file of the Commissioner of Income Tax (Appeals)I, Coimbatore for the Assessment year 1997-1998. Against the order dated 01.08.2000 made in P.A. No. PAN CV2237/SR1/CBE on the file of the Joint Commissioner of Income Tax, Special Range-1, Coimbatore for the Assessment year 19981999. Against the order dated 28.02.2000 made in PAN/GIR No. 49502-CV-2237 on the file of the Joint Commissioner of Income Tax Special Range-1 Coimbatore for the assessment year 1997-1998. For Appellant : Mrs.K.G.Usha Rani Junior Standing Counsel For Respondent : Mr.N.V.Balaji
JUDGMENT
(Judgment of the Court was delivered by DR.VINEET KOTHARI,J.) This Tax Case Appeal has been filed by the Revenue calling in question the correctness of the order passed by the Income Tax Appellate Tribunal, by raising the following substantial questions of law:
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"1. Whether on the facts and in the circumstances of the case the Income-Tax Appellate Tribunal was right in law in holding that, the assessee is eligible for deduction under Section 80IA of the Act, even though the assessee is not engaged as such in any Industrial activity of its own except assembling on job work basis?
2.Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in law in holding that, the Excise Duty and Sales Tax are to be excluded from the total turnover for the purpose of computing the Income under Section 80HHC of the Income Tax Act, 1961?
2. When the matter is taken up for final hearing, the learned Standing Counsel brought to our notice the Circular instruction issued by the Central Board of Direct Taxes vide Circular No.17/2019 dated 08.08.2019, wherein it is stipulated that appeals shall not be filed/pursued by the Department before the High Court in cases where the tax effect does not exceed Rs.1 Crore (Rupees One Crore Only).
3. In the instant case, the tax effect is said to be less than the monetary limit imposed and therefore, the appeal filed by the Revenue is dismissed as not pressed, keeping open the substantial questions of law for determination in an appropriate case. No costs.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar Sgl To
1. Income Tax Appellate Tribunal, 'D' Bench, Chennai.
2.The Commissioner of Income Tax Appeals-1, Coimbatore 3.The Joint Commissioner of Income Tax Special Range-1 Coimbatore +1 CC to Mr.N.V.Balaji, Advocate sr 6894.
+1 CC to Mr.T.R. Senthil Kumar, Advocate sr 6583 T.C.A.No.30 of 2011 RSV(CO) SP(28/02/2020) https://hcservices.ecourts.gov.in/hcservices/