Commissioner Of Income Tax Chennai - Iii v. M/S.sivagami Holdings Pvt. Ltd., 202, Anna Salai, Chennai – 600 002

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.11.2018 CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE DR.JUSTICE ANITA SUMANTH Tax Case Appeal No.922 of 2009 Commissioner of Income Tax Chennai - III..... Appellant/AppellantVs. M/s.Sivagami Holdings Pvt. Ltd.,202, Anna Salai, Chennai – 600 002..... Respondent/Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras 'D' Bench, Chennai, dated 09.02.2009 made inITA No.834/Mds/2008 for the assessment year 2003-04, and thisAppeal preferred against the order dated 26.11.2007 made in ITANo.166/06-07 on the file of the Commissioner of Income Tax(Appeals) V 121, Mahatma Gandhi Road, Chennai 600 034 for theAssessment year 2003 to 2004 and this appeal preferred againstthe order dated 27.03.2006 made in PAN No.SI-87/ onthe file of the Income Tax Officer (CSD) Company Circle VI(3)Chennai for the Assessment year 2003-2004. For Appellant : Mr.T.R.Senthil Kumar Sr.Standing Counsel For Respondent : Mr.Sivaraman This Tax Case Appeal has been filed by the Revenue callingin question the correctness of the order passed by the IncomeTax Appellate Tribunal, Madras 'D' Bench, Chennai, dated09.02.2009 made in ITA No.834/Mds/2008 for the assessment year2003-04 by raising the following substantial question of law:"Whether on the facts and in the circumstancesof the case, the Appellate Tribunal was right inholding that no tax is chargeable in India under the https://hcservices.ecourts.gov.in/hcservices/ Income Tax Act on the rental and interest receiptsof the Malaysian Branch of the assessee company inview of the Double Taxation Avoidance Agreement eventhough such receipts have not been subjected to taxin Malaysia since they arose outside Malaysia?” 2. When the matter is taken up for admission, the learnedSenior Standing Counsel brought to our notice the Circularinstruction issued by the Central Board of Direct Taxes videCircular No.3/2018 dated 11.7.2018 wherein it is stipulated thatappeals shall not be filed/pursued by the Department before theHigh Court in cases where the tax effect does not exceed Rs.50lakhs. 3. In the instant case, the tax effect is less than themonetary limit imposed and therefore, the appeal is dismissed asnot pressed, preserving the substantial question of law fordetermination in an appropriate case. Sd/- Assistant Registrar(CCC)//True copy// sl Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Madras 'D' Bench, Chennai. 2.The Commissioner of Income Tax (Appeals) V, 121, Mahatma Gandhi Road, Chennai 600 034 3. The Income Tax Officer (CSD) Company Circle VI(3), Chennai. 4. The Assistant Commissioner of Income Tax, Company Circle VI (3), Chennai-34 +1cc to M/s.T.R.Senthilkumar, Advocate SR.No.81237+1cc to Mr.S.Sridhar, Advocate SR.No.81231 KJ(CO)GMY(04/01/2019) TCA No.922 of 2009 https://hcservices.ecourts.gov.in/hcservices/