Commissioner Of Income Tax, Chennai v. Dr. M.p. Naresh Kumar, 93, Poes Garden, Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRASDATE: 21.01.2021 THE HON'BLE MR. JUSTICE M.DURAISWAMYAND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI T.C.A.No.1188 of 2009 Commissioner of Income Tax,Chennai... Appellantvs.Dr. M.P. Naresh Kumar,93, Poes Garden, Chennai.... Respondent Appeal preferred under Section 260A of the Income TaxAct, 1961, against the order of the Income Tax AppellateTribunal, Madras, “A” Bench, dated 20.02.2009 inMP.No.332/MDS/2008 in ITA.No.59/Mds/2008 for the AssessmentYear 2003-04. Preferred against the order of the dated 04.07.2008 madein ITA.No. 59/MDS/2008 filed against the order of theCommissioner of Income Tax Appeals III, Chennai dated12.10.2007 made in ITA.No. 113/2006-07/A-III filed against theAssessment order of the Assistant Commissioner of Income Tax,company Circle II (2), Chennai dated 09.03.2006 for theAssessment year 2003-2004. For Appellant : Mr. T.R. Senthil Kumar, Senior Standing CounselFor Respondent : Mr. R. Sivaraman We have heard Mr. T.R. Senthil Kumar,, learned SeniorStanding Counsel for the appellant/Revenue and Mr. R.Sivaraman for the respondent/Assessee. 2.The appeal, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 (for short, the Act) is directedagainst the order dated 20.02.2009 made in ITA.No.332/Mds/2008on the file of the Income Tax Appellate Tribunal, Chennai,''A'' Bench (for brevity, the Tribunal) for the AssessmentYear 2003-04.https://hcservices.ecourts.gov.in/hcservices/ 3.The appeal was admitted on 13.11.2009 on the followingsubstantial question of law: “Whether on the facts and circumstancesof the case, the Tribunal was right indismissing the miscellaneous petition filed bythe Revenue as misconceived?” 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case is less than the threshold limit. 5.In the light of the said submissions, the above TaxCase Appeal is dismissed as withdrawn on account of the LowTax Effect. The substantial question of law framed is leftopen. In the event the tax effect in this case is above thethreshold limit fixed in the said Circular, liberty is grantedto the Revenue to make a mention to this Court to restore theappeal to be heard and decided on merits. No costs. Sd/-Assistant Registrar //True Copy// Rj Sub Assistant Registrar To 1.The Assistant Registrar, The Income Tax Appellate Tribunal, Chennai, ''A'' Bench. 2.The Commissioner of Income Tax Appeals III, Chennai. 3.The Assistant Commissioner of Income Tax, Company Circle II (2), Chennai. +2cc to Mr.T.R.Senthil Kumar, Advocate, S.R.No.3214, 3656 T.C.A.No.1188 of 2009 RSI(CO)GN(18/02/2021) https://hcservices.ecourts.gov.in/hcservices/