v. M/S. Navin Housing &

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.08.2024

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR AND THE HON'BLE MR.JUSTICE C.SARAVANAN Tax Case Appeal No.443 of 2015 Commissioner of Income Tax Central Circle - I(5) Chennai 600 034.

...

Appellant Vs.

M/s.Navin Housing & Properties Pvt Ltd., Chennai.

...

Respondent Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal, Madras 'A' Bench, Chennai, dated 20.02.2014 made in I.T.A.No.1833/Mds/2013. ----- For Appellant : Mr.A.S.Sriraman for M/s.S.Sridhar For Respondent : Mr.S.Rajesh, Junior Standing Counsel for Mr.J.Narayanaswamy Senior Standing Counsel

J U D G M E N T

(Delivered by C.SARAVANAN, J.) It is noticed that the substantial question of law raised in this appeal has already been answered by a Division Bench of this Court in the case of The Commissioner of Income Tax -vs- Sanghvi and Doshi Enterprises

[2013] 29 taxmann.com 386 (Madras), which stands confirmed by the Hon'ble Supreme Court in Commissioner of Income Tax -vs- Sanghvi and Doshi Enterprises [2017] 84 taxmann.com 241 (SC).

2. Incidentally, for similar issue for this very same assessee appeals were also dismissed by a Co-ordinate Bench of this Court for low tax effect in Tax Case Nos.174 to 176 of 2013 dated 07.02.2020.

3. Hence, the substantial question of law raised in this appeal is answered against the Revenue and in favour of the assessee. The appeal stands dismissed. No costs.

(R.S.K.,J.) (C.S.N.,J.) 13.08.2024 NCS : Yes/No Index : Yes/No KST To The Income Tax Appellate Tribunal 'C' Bench, Chennai.

R.SURESH KUMAR, J.

AND C.SARAVANAN, J.

KST 13.08.2024