Commissioner Of Income Tax, Business Ward Iii (3), Chennai v. M/S.enterprising Enterprises

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 24.03.2021 CORAM THE HON'BLE MR. JUSTICE M.DURAISWAMYAND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI T.C.A.Nos.916 and 917 of 2015 Commissioner of Income Tax,Business Ward III (3),Chennai.... Appellant inall appealsVs.M/s.Enterprising Enterprises,No.9, 50[th] Street, Ashok Nagar,Chennai – 600 083.... Respondent inall appeals Tax Case Appeals in T.C.A.Nos.916 and 917 of 2015 preferredunder Section 260A of the Income Tax Act, 1961, against theorder of the Income Tax Appellate Tribunal, Madras, “C” Bench,dated 20.02.2015 in I.T.A.Nos.338/Mds/2013 and 98/Mds/2013,respectively for the Assessment Years 2008-09 and 2009-10respectively, against the order of the office of theCommissioner of Income Tax(Appeals-VIII), Chennai, dated27.11.2012 made in ITA.No.145/10-11(A)-VIII for the AssessmentYear 2008-09, and against the order of the office of theCommissioner of Income Tax(Appeals VIII) Chennai, dated16.10.2012 made in ITA 100/11-12(A)VIII for the Assessment Year2009-10 and against the order of the Income Tax Officer, Officeof Income Tax Officer Business Ward-III(3), Chennai order date07.12.2011 made in AAAFE0195N for the Assessment Year 2009-2010,and against the order of the Government of Income Tax Departmentsinged by Deputy Commissioner of Income Tax Business Circle IIIChennai, date 26.12.2010 made in AAAFE0195N for the AssessmentYear 2008-09. For Appellant : Mrs.V.Pushpa Standing Counsel in all appealsFor Respondent : Mr.M.P.Senthil Kumar in all appeals https://hcservices.ecourts.gov.in/hcservices/ C O M M O N J U D G M E N T (Judgment was delivered by M.DURAISWAMY, J.) We have heard Mrs.V.Pushpa, learned Standing Counsel for theappellant/Revenue and Mr.M.P.Senthil Kumar, learned counsel forthe respondent/assessee. 2.The above appeals, filed by the Revenue under Section 260Aof the Income Tax Act, 1961 (for short, the Act), are directedagainsttheorderdated20.02.2015madeinI.T.A.Nos.338/Mds/2013 and 98/Mds/2013, on the file of theIncome Tax Appellate Tribunal, Madras, “C” Bench (for brevity,the Tribunal) for the Assessment Years 2008-09 and 2009-10respectively. 3.The above appeals were admitted on 17.11.2015 on thefollowing substantial question of law:“Whether on the facts and circumstances of thecase, the Income Tax Appellate Tribunal was right inlaw in holding that Section 40A(3) will not apply tothe assessee's case and deleted the additions made?” 4.The learned Standing Counsel for the appellant submitsthat the above appeals are not pursued by the Revenue on accountof the Low Tax Effect in terms of Circular No.17/2019 dated08.08.2019 issued by the Central Board of Direct Taxes. By thesaid Circular, the monetary limit for filing or pursuing anappeal before the High Court has been increased to Rs.1 crore.It is further submitted that the tax effect in these cases isless than the threshold limit. 5.In the light of the said submissions, the above Tax CaseAppeals are dismissed as withdrawn on account of the Low TaxEffect. The substantial question of law framed is left open. Inthe event the tax effect in these cases is above the thresholdlimit fixed in the said Circular, liberty is granted to theRevenue to make a mention to this Court to restore the aboveappeals to be heard and decided on merits. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mkn https://hcservices.ecourts.gov.in/hcservices/ To 1.The Income Tax Appellate Tribunal, Madras, “C” Bench. Madras, “C” Bench. 2.The Commissioner of Income Tax, Business Ward III (3), Chennai. 3.The Commissioner of Income Tax, (Appeals VIII), Chennai. 4.The Deputy Commissioner of Income Tax, Business Circle III, Chennai. 5.The Income Tax Officer, Business Ward III(3), Chennai 34. T.C.A.Nos.916 and 917 of 2015 RLD(CO)KM(22/04/2020)