Commissioner Of Income Tax, Chennai Iii. Appellant v. M/S.ramaniyam Real Estates P. Ltd. Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.12.2018 CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE DR.JUSTICE ANITA SUMANTH Commissioner of Income Tax,Chennai III. Appellant / RespondentVs. M/s.Ramaniyam Real Estates P. Ltd.Chennai Respondent / Appellant Tax Case Appeal filed under Section 260-A of the Income TaxAct, 1961, against the order of the Income Tax AppellateTribunal, Chennai 'D' Bench, dated 16.01.2009, made in ITANo.772/Mds/2008 against the order passed by the Commissioner ofIncome Tax, Chennai - III, Chennai - 34 made inC.No.3033/29/III/2007-08 dated 25/03/2018 for the Assessmentyear 2003-2004 and against the order passed by the Income TaxOfficer (OSD), Company Range V(3), Chennai - 34 made inC.No.AAACR2276A/53022R/2003-04 dated 29/05/2007. For Appellant : Mr.T.Ravikumar, Senior Standing Counsel. For respondent : Mr.S.SridharJ U D G M E N T (Delivered by DR.VINEET KOTHARI,J.) This Tax Case Appeal has been filed by the Revenue, callingin question the correctness of the order passed by the IncomeTax Appellate Tribunal, Chennai 'D' Bench, Chennai, dated16.01.2009, in ITA No.772/Mds/2008, by raising the followingsubstantial question of law : "Whether on the facts and in the circumstancesof the case, the Appellate Tribunal was right inquashing the order of the Commissioner of Income Taxunder Section 263 of the Income Tax Act on the https://hcservices.ecourts.gov.in/hcservices/ ground that the assessment order was not erroneousand prejudicial to the interests of the Revenue andthe Commissioner of Income Tax had no jurisdictionto pass an order of revision under Section 263 ofthe Income Tax Act ? 2. When the matter is taken up for hearing, the learnedStanding Counsel for the Department brought to our notice theCircular instruction 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 tax effectdoes not exceed Rs.50.00 lakhs. 3. In the instant case, the tax effect is said to be lessthan the monetary limit imposed and, therefore, the appeal filedby the Revenue is dismissed, as not pressed, keeping open thesubstantial question of law for determination in appropriatecases. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant RegistrardixitTo 1)The Income Tax Appeallate Tribunal,Chennai 'D' Bench,Chennai.2)The Commissioner of Income Tax, Chennai - III, 121, Mahatma Gandhi Road,Chennai - 34 3)The Income Tax Officer (OSD), Company Range V(3), Chennai - 34 +1 cc to Mr.S.Sridhar, Advocate, S.R.No.88845 +1 cc to Mr.T.Ravikumar, Advocate, S.R.No.89273 TCA No.635 OF 2009 SR(CO)SSM(24/01/2019) https://hcservices.ecourts.gov.in/hcservices/