The Commissioner Of Income v. M/S.Altos Advisory Services
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.10.2024
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR AND THE HON'BLE MR.JUSTICE C.SARAVANAN Tax Case Appeal No.1152 of 2015 The Commissioner of Income Tax Chennai.
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Appellant Vs.
M/s.Altos Advisory Services Limited 29/20, Karpagambal Nagar, II Floor Mylapore, Chennai 600 004.
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Respondent ----- Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras 'D' Bench, Chennai, dated 05.06.2012 made in ITA No.1091/Mds/2011. For Appellant : Mr.T.Ravikumar Senior Standing Counsel For Respondent : Mr.A.S.Sriraman -----
J U D G M E N T
(Delivered by R.SURESH KUMAR, 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:
"(i) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the disallowance made u/s.40(a)(ia) in respect of failure to deduct TDS on consultancy charges for the AY 2005-06 is not proper?
(ii) Is not the finding of the Tribunal bad since the word 'payavle' includes the word 'paid' for the purpose of Sec.40(a)(ia)?"
2. It is brought to our notice by the learned Standing Counsel for the appellant Revenue that 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 can be disposed of, keeping the substantial questions of law raised in this appeal open for adjudication at a later point of time.
3. Recording the said submission, this Tax Case Appeal is dismissed for low tax effect, keeping open the substantial questions of law for adjudication at appropriate stage. No costs.
(R.S.K.,J.) (C.S.N.,J.) 01.10.2024 NCS : Yes/No Index : Yes/No KST
To The Income Tax Appellate Tribunal 'D' Bench, Chennai.
R.SURESH KUMAR, J.
AND C.SARAVANAN, J.
KST 01.10.2024