Commissioner Of Income Tax v. M/S One World Impex P Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 28/6/2016 C O R A M The Honourable Mr.Justice S.Manikumar and The Honourable Mr.Justice D.Krishnakumar Tax Case Appeal No.23 of 2013 The Commissioner of Income Tax Chennai.

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Appellant Vs M/s. One World Impex Pvt Ltd 3 C Mamals Fazal Chambers 26 Greams Road Thousand Lights Chennai 600 006.

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Respondent Prayer:

Appeal filed against the order of the Income Tax Appellate Tribunal, Madras 'A' Bench, Chennai dated 31/5/2012 in ITA No.1266/Mds/2011. Against the order of Commissioner of Income Tax Appeal V in ITA.No.28/10-11 for the Assessment year 2007-2008 order dated 19.04.2011.

against the order of the Deputy Commissioner of Income Tax Company Circle V(1) Chennai-34 in PAN.NO.AAACO 60801A order dated 27.11.2009.

For appellant : Mr.T.Ravikumar Senior Standing Counsel for Income Tax.

For respondent : Mr.V.S.Jayakumar - - - - - -

J U D G M E N T

(Judgment of the Court was made by S.Manikumar,J) This Appeal has been filed against the order of the Income Tax Appellate Tribunal, 'A' Bench, Madras, dated 31/5/2012. https://hcservices.ecourts.gov.in/hcservices/

2. The substantial question of law raised in the instant appeal is:- "Whether under the facts and circumstances of the case, the Income Tax Appellate Tribunal was correct in holding that the payments made by the assessee as royalty fees, one time franchise sign up/licence fee paid by the assessee are revenue expenditure?"

3. Mr.T.RaviKumar, learned Senior Standing Counsel for Income Tax submitted that the tax implication in the instant appeal is less than the ceiling limit fixed by the Circular bearing No.21 of 2015, dated 10/12/2015. He further submitted that as per the Circular, Tax Case Appeal has been instructed to be withdrawn.

4. Placing on record the above submissions, while dismissing the Tax Case Appeal No.23 of 2013, as withdrawn, substantial question of law raised is left open. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The Income Tax Appellate Tribunal Madras A Bench Chennai 2.The Commissioner of Income Tax No.121, Mahatma Gandhi Road Chennai-34 3.The Commissioner of Income Tax Appeals V Chennai-34 4.The Deputy Commissioner of Income Tax Company Circle V(1) Chennai-34 +1 cc to Mr.T.Ravikumar Advocate senior standing Counsel for I.T.Department sr.35813 Tax Case Appeal No.23 of 2013 aa14/07/2016 https://hcservices.ecourts.gov.in/hcservices/