Commissioner Of Income Tax, Central Circle, Chennai v. S.duraipandi & S.thalavaipandian

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM: THE HON'BLE MR. JUSTICE M.DURAISWAMYAND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI T.C.A.No.76 of 2014 Commissioner of Income Tax,Central Circle, Chennai....Appellant/RespondentVs. S.Duraipandi & S.ThalavaipandianC/o CNGSN & Associates,No.22, Vijayaraghava Road,T.Nagar, Chennai – 600 017. ...Respondent/Appellant Appeal preferred under Section 260A of the Income Tax Act,1961, against the order of the Income Tax Appellate Tribunal,Madras, "A" Bench, dated 20.03.2013 in I.TA.No.2224/Mds/2012Assessment Year 2003-04. Against the order passed by the Commissioner of Income Tax(Appeals)II, Chennai-34, dated 28.09.2012 made in ITA.No.59 to65/11-112/A-11 and against the order passed by the AssistantCommissioner of Income Tax, Central Circle III(4), Chennai-34,made in PAN. , dated 05.09.2011. JUDGMENT (Judgment was delivered by M.DURAISWAMY, J.) Heard the learned counsel for the appellant. 2.The Revenue preferred this appeal challenging the orderpassedbytheIncomeTaxAppellateTribunalinI.T.A.No.2224/Mds/2012 dated 20.03.2013. 3.The appeal was admitted on 22.07.2014 on the followingsubstantial question of law:“Whether on the facts and in thecircumstances of the case, the Income TaxAppellate Tribunal was right in directing the https://hcservices.ecourts.gov.in/hcservices/ Assessing Officer to treat the cash seized to befirst given credit as advance tax payment andthen re-compute the interest u/s 234-A, 234-B and234-C for all the assessment years 2002-2003 to2008-09?” 4.It may not be necessary for us to answer the abovesubstantial question of law, as the monetary limit in thisappeal is lesser than the amount fixed by the Circularinstructions issued by the Central Board of Direct Taxes inCircular No.3/2018 dated 11.07.2018. The said circular coversthe issue regarding chargeability of interest also. In paragraph– 4 of the said Circular it has been stated that in case thechargeability of interest is the issue under dispute, the amountinterested shall be the tax effect. Since the quantum ofinterest charged under Section 234-D of the Income Tax Act inthe present case is lesser than Rs.50,00,000/- as stated in theCircular No.3/2018 dated 11.07.2018, the Tax Case Appeal isliable to be dismissed. Accordingly, the Tax Case Appeal isdismissed. The substantial question of law is left open forconsideration in an appropriate case. No costs. //True Copy// Sub Assistant Registrar va To 1. The Income Tax Appellate Tribunal, Chennai, "A" Bench 2. The Commissioner of Income Tax, Central Circle, Chennai. 3. The Commissioner of Income Tax (Appeals)II, Chennai 34. 4. The Assistant Commissioner of Income Tax, Central Circle III(4), Chennai 34. Central Circle III(4), Chennai 34. +1 CC to Mr.T.R.SenthilKumar, Advocate, Sr.No. 14396. BS(CO)LS(08/10/2021)