Commissioner Of Income Tax, Central Circle Chennai v. Mr. M.k. Siraj, 39 Wall Tax Road, Chennai – 600 079

IN THE HIGH COURT OF JUDICATURE AT MADRASDATE: 15.06.2021 CORAM: THE HON'BLE MR. JUSTICE M.DURAISWAMYAND THE HON'BLE MRS.JUSTICE R.HEMALATHA T.C.A.Nos. 425 to 428 of 2014 Commissioner of Income Tax, Central CircleChennai... Appellant in all TCAsVS. Mr. M.K. Siraj,39 Wall Tax Road,Chennai – 600 079.... Respondent in T.C.A.No.425 /2014 Mr. M.K. Sahira39 Wall Tax Road,Chennai – 600 079.... Respondent in T.C.A.No.426 /2014 Mr. M.K.Sameera39 Wall Tax Road,Chennai – 600 079. ... Respondent in T.C.A.No.427 /2014 Mr. M.K. Sareena39 Wall Tax Road,Chennai – 600 079. ... Respondent in T.C.A.No.428 /2014 T.C.A. No.425 /2014 :Appeal preferred under Section 260A ofthe Income Tax Act, 1961, against the order of the Income TaxAppellate Tribunal, Madras, "C" Bench, dated 07.05.2013 inITA.No.291/Mds/2013 for the Assessment Year 2007-2008. Preferred against the Order of the Commissioner of Income Tax(Appeals)-II, Chennai dated 18/12/2012 in ITA.No. 446/2009-2010/A.II preferred against the order of the AssistantCommissioner of Income Tax, Central Circle II (4), Chennai dated31/12/2010 in P.A.No. AAJPS5966N preferred against the order ofthe Assistant Commissioner of Income Tax, Central Circle I (3),Chennai dated 31/12/2009 in PAN . T.C.A. No.426/2014 :Appeal preferred under Section 260A ofthe Income Tax Act, 1961, against the order of the Income TaxAppellate Tribunal, Madras, "C" Bench, dated 07.05.2013 in https://hcservices.ecourts.gov.in/hcservices/ ITA.No.292/Mds/2013 for the Assessment Year 2007-2008. Preferred against the Order of the Commissioner of Income Tax(Appeals)-II, Chennai dated 18/12/2012 in ITA.No. 214/2011-2012/A.II preferred against the order of the AssistantCommissioner of Income Tax, Central Circle II (3)(i/c), Chennaidated 23/12/2011 in P.A.No. AAJPS6233J preferred against theorder of the Assistant Commissioner of Income Tax, CentralCircleII(3)(I/C),Chennaidated24/12/2009inGI.No./P.A.No.AAJPS6233J. T.C.A. No.427 /2014 :Appeal preferred under Section 260A ofthe Income Tax Act, 1961, against the order of the Income TaxAppellate Tribunal, Madras, "C" Bench, dated 07.05.2013 inITA.No.293/Mds/2013 for the Assessment Year 2007-2008. TCA.427 of 2014: Preferred against the order of the Commissionerof Income TAX (Appeals)-II, Chennai – 34 dated 18/2/2012 inITA.No. 216/2009-2010/A.II, preferred against the order of theAssistant Commissioner of Income Tax, Central Circle II (3)(I/C), Chennai dated 23/12/2011 in P.A.No.AAJPS6228B preferredagainst the order of the Assistant Commissioner of Income Tax,Central Circle II (3) (I/c), Chennai dated 24/12/2009 inP.A.No.AAJPS6228B T.C.A. No.428/2014 :Appeal preferred under Section 260A ofthe Income Tax Act, 1961, against the order of the Income TaxAppellate Tribunal, Madras, "C" Bench, dated 07.05.2013 inITA.No.294/Mds/2013 for the Assessment Year 2007-2008. TCA.No. 428 of 2014: Preferred against the order of theCommissioner of Income Tax (Appeals)-II, chennai dated18/12/2012 in ITA.No. 215/2011-2012/A.II preferred against theOrder of the Assistant Commissioner of Income Tax, CentralCircle II (3), (i/c), Chennai dated 29/12/2011 in AAJPS6227Qpreferred against the order of the Assistant Commissioner ofIncome Tax, Central Circle II (3) (i/c), Chennai dated24/12/2009 in AAJPS6227Q. For Appellant : Mr. T.R.Senthil Kumar, (in all TCAs) Senior Standing Counsel For Respondents: Mrs.N.V.Lakshmi (in all TCAs) (Judgment was delivered by M. DURAISWAMY, J.) We have heard Mr. T.R.Senthil Kumar, learned SeniorStanding Counsel for the appellant/Revenue and Mrs.N.V.Lakshmi, https://hcservices.ecourts.gov.in/hcservices/ learned counsel for the respondent/assessee. For Appellant : Mr. T.R.Senthil Kumar, (in all TCAs) Senior Standing Counsel For Respondents: Mrs.N.V.Lakshmi (in all TCAs) (Judgment was delivered by M. DURAISWAMY, J.) We have heard Mr. T.R.Senthil Kumar, learned SeniorStanding Counsel for the appellant/Revenue and Mrs.N.V.Lakshmi, https://hcservices.ecourts.gov.in/hcservices/ learned counsel for the respondent/assessee. 2. These appeals, filed by the Revenue under Section 260Aof the Income Tax Act, 1961 (for short, the Act) are directedagainst the order dated 1 07.05.2013 made respectively inITA.Nos...291/Mds/2013 , 292Mds/2013, 293Mds/2013, &294/Mds/2013 on the file of the Income Tax Appellate Tribunal,Chennai, ''C'' Bench (for brevity, the Tribunal) for theAssessment Year 2007-2008. 3. The appeals were admitted on 05.09.2014 on thefollowing substantial questions of law: “ (i) Whether on the facts and in thecircumstances of the case the Income TaxAppellate Tribunal is right in holding that thenotice u/s 148 is due to change of opinion whenthe Assessing Officer has not at all formed anopinion in the original assessment u/s 143 (3)? (ii) Whether on the facts and in thecircumstances of the case the Income TaxAppellate Tribunal is right in holding that theassessee has disclosed fully and truly allmaterial facts necessary for his assessmentduring the assessment proceedings u/s 143 (3)? (iii) Whether on the facts and in thecircumstances of the case the Income TaxAppellate Tribunal is right in holding thatreopening of the assessment on the basis ofmaterials produced by the assessee at the fag endof the time barring date for completion oforiginal assessment amounting to change ofopinion, when the Assessing Officer has notformed any opinion on the basis of theinformation furnished at the fag end of the timebarring date? " 4. The learned Senior Standing Counsel appearing for theappellant submits that the above appeal is not pursued by theRevenue on account of the Low Tax Effect in terms of CircularNo.17/2019 dated 08.08.2019 issued by the Central Board ofDirect Taxes. By the said Circular, the monetary limit forfiling or pursuing an appeal before the High Court has beenincreased to Rs.1 crore. It is further submitted that the taxeffect in this case is less than the threshold limit. 5. In the light of the said submissions, the above Tax CaseAppeals are dismissed on account of the Low Tax Effect. Thesubstantial questions of law framed are left open. In the https://hcservices.ecourts.gov.in/hcservices/ event the tax effect in all these cases are above the thresholdlimit fixed in the said Circular, liberty is granted to theRevenue to make a mention to this Court to restore the appealsto be heard and decided on merits. No costs. //True Copy// Sd/-Assistant Registrar (CS-IX) Rj Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Chennai,"C" Bench. 2.The Commissioner of Income Tax (Appeals)-II, Chennai.3.The Assistant Commissioner of Income Tax, Central Circle II (3) (i/c), Chennai.+1cc to Mr.T.R.Senthilkumar, Advocate, S.R.No. 27822 GSM(CO)GN(03/08/2021) T.C.A.Nos. 425 to 428 of 2014