Commissioner Of Income Tax-4 121 Mahatma Gandhi Road, Chennai. Appellant v. M/S.kamadhenu Business Fortune Ltd., 9 Vishnu Avenue, Virugambakkam, Chennai 600 092

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 8.2.2019 CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN Tax Case Appeal No.163 of 2016 Commissioner of Income Tax-4121 Mahatma Gandhi Road, Chennai. Appellant/ AppellantVs. M/s.Kamadhenu Business Fortune Ltd.,9 Vishnu Avenue, Virugambakkam, Chennai 600 092. PAN: AAD CK 0008 JRespondent/ Respondent Tax Case Appeal filed under Section 260A of the IncomeTax Act, 1961 against the order of the Income Tax AppellateTribunal, Madras 'A' Bench, Chennai, dated 16.9.2015 madein ITA No.127/Mds/2015 Commisioner of income Tax (appeals)-II, Chennai 34 in ITA.NO.738/2013-2014 dated 17/10/2014against the Assessment order of the income taxofficer,Company Ward -II(1), Chennai for GI/PA NO.AA DCK0008 J for the Assessment Year 2010-2011. For Appellant : Mr.T.R.Senthil Kumar Senior Standing CounselFor Respondent : Mr.G.Baskar ----- (Delivered by DR.VINEET KOTHARI,J) This Tax Case Appeal has been filed by the Revenuecalling in question the correctness of the order passed bythe Income Tax Appellate Tribunal, 'A' Bench, Chennai,dated 16.9.2015 made in ITA No.127/Mds/2015, by raising thefollowing substantial question of law: "Whether on the facts and in the circumstancesof the case, the Tribunal was right in deletingthat Section 40(a)(ia) is applicable only onthose amounts 'payable' and not those amounts'paid' during the year without deducting tax at https://hcservices.ecourts.gov.in/hcservices/ source?" 2. When the matter is taken up for admission, thelearned Standing Counsel brought to our notice the Circularinstruction issued by the Central Board of Direct Taxesvide Circular No.3/2018 dated 11.7.2018 wherein it isstipulated that appeals shall not be filed/pursued by theDepartment before the High Court in cases where the taxeffect does not exceed Rs.50 lakhs. 3. In the instant case, the tax effect is said to beless than the monetary limit imposed and therefore, theappeal filed by the Revenue is dismissed as not pressed,keeping open the substantial question of law fordetermination in an appropriate case. Sd/-- Assistant Registrar(CS) //True Copy// Sub Assistant Registrarssk.To1. Commissioner of Income Tax-4 121 Mahatma Gandhi Road, Chennai.2. Income Tax Appellate Tribunal, Madras 'A' Bench, Chennai3. The Income Tax Officer, Corporate Ward-4(3) 4th Floor, Main Building, Chennai 600 034. 4. The Commisioner of Income Tax (Appeals)-II, 121, Mahathma Gandhi Road, Chennai. 34. +1cc to Mr. G.Baskar, Advocate SR.No. 11592 TCA No.163 of 2016A.SK(21/03/2019)