COMMISSIONER OF INCOME TAX, SALEM vs M/S SUGAVANEESHWARA SPG.MILLS LTD.

The Supreme Court remitted the matter back to the High Court for de novo consideration, emphasizing the need to evaluate the case in light of the judgment in Commissioner of Income Tax vs. Sri Mangayarkarasi Mills Private Limited, [2009] 315 I.T.R. 114, and the tests established in Commissioner of Income Tax vs. Saravana Spinning Mills, [2007] 293 I.T.R. 201, and Commissioner of Income Tax vs. Ramaraju Surgical Cotton Mills, [2007] 294 I.T.R. 328. The Court did not express any opinion on the merits of the case and allowed the appeal with no order as to costs.