Commissioner Of Income Tax v. M/S.Council For Leather Exports
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.10.2024 CORAM :
THE HONOURABLE MR.JUSTICE R. SURESH KUMAR AND THE HONOURABLE MR.JUSTICE C. SARAVANAN Commissioner of Income Tax Chennai.
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Appellant in both TCAs Vs.
M/s.Council for leather Exports CMDA Tower II 3rd Floor Gandhi Irwin Bridge Road Egmore Chennai 600 008 PAN AAACC 4697 G.
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Respondent in both TCAs Prayer in T.C.A.No.526 of 2021: Appeal filed under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal, Madras "A" Bench dated 28.05.2020 in I.T.A.No.1401/Chny/2019; and Prayer in T.C.A.No.530 of 2021: Appeal filed under Section 260A of the Income Tax Act, 1961, against the order of the Income Tax Appellate Tribunal, Madras "A" Bench dated 28.05.2020 in I.T.A.No.1399/Chny/2019.
For the Appellant Ms.V.Pushpa in both TCAs :
Senior Standing Counsel For the Respondents Mr.R.Venkatanaryanan for in both TCAs :
Mr.Subbaraya Iyer Padmanabhan
COMMON JUDGMENT (Order of the Court was made by R.SURESH KUMAR, J.) Both these Tax Case Appeals were admitted by this Court on 29.11.2021 on the following substantial question of law:- "Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee which has an object to promote and support the leather business industry, is not for profit, but to do charity through advancement of object of general public utility and the assessee is existing for charitable purpose as per Section 2(15) of the Act and consequently is entitled for exemption u/s. 10(23C)(iv) of the Act?"
2. It is submitted by Ms.V.Pushpa, learned Senior Standing Counsel appearing for the appellant Revenue that all these Tax Case Appeals are covered under the Low Tax Effect as per the recent Circular dated 17.09.2024, in Circular No.9/2024.
3. Recording the same, these appeals stand dismissed as Low Tax Effect. The questions of law raised in these appeals are kept open to be decided at the later point of time. There shall be no order as to costs. Consequently, C.M.P.No.18933 of 2021 is closed. (R.S.K., J.) (C.S.N, J) 24.10.2024 drm
R. SURESH KUMAR, J.
AND C. SARAVANAN , J.
(drm) 24.10.2024