Advocates:
['m/s n muralikumaran', '', 'T RAVI KUMAR', 'CHANGE OF MEMO OF APP FILED BY', 'M/S M SWAMINATHAN', 'K SURESHKUMAR', 'M/S R SIVARAMAN', '', 'P RAMESHKUMAR', 'R V GOPINATH']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2018

Coram :

The Honourable Mr.Justice T.S.SIVAGNANAM

and

The Honourable Mr.Justice N.SATHISHKUMAR

Tax Case Appeal No.260 of 2009

The Commissioner of Income

Tax, Coimbatore.

...Appellant

Vs

Prabhu Spinning Mills (P) Ltd.,

Tirupur

...Respondent

APPEAL under Section 260A of the Income Tax Act, 1961

against the order of the Income Tax Appellate Tribunal Madras

'D' Bench dated 30.11.2007 in ITA No.2902/Mds/2005 for the

assessment year 2002-03 against the order of commissioner Income

Tax(Appeals)-II made in ITA 76-C/05-06 dated 14.10.2005 in PAN

AABCPO750E passed by the Assistant Commissioner of Income Tax

Circle-I, Tiruppur dated 23.03.2005.

For Appellant :

Mr.T.R.Senthil Kumar

For Respondent:

Mr.R.Sivaraman

Judgment was delivered by T.S.SIVAGNANAM,J

This appeal by the Revenue filed under Section 260A of the

Income Tax Act, 1961 is directed against the order of the Income

Tax Appellate Tribunal Madras 'D' Bench, dated 30.11.2007 in ITA

No.2902/Mds/2005 for the assessment year 2002-03.

2. The above appeal has been admitted on 24.4.2009 on the

following substantial question of law :

“Whe