Commissioner Of Income Tax Chennai v. K.h. Leather Industries Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.07.2020 CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY Tax Case (Appeal) No.265 of 2011 Commissioner of Income TaxChennai ...Appellant/Respondentsvs. K.H. Leather Industries Ltd.829/1 Periyar EVR High Road,Chennai 600010....Respondent/Appellants Tax Case Appeal filed against the order of the Income TaxAppellate Tribunal Madras B Bench dated 5.1.2011 in ITA No.532/Mds/09, against order of the Commissioner of Income Tax,Chennai C.No.218/CIT-I/56/263/2007-08, PAN No: ,Assessment year 2004-05, date of order 20/03/2009, against theorder of the Income Tax Officer(OSD) Company Circle II(4),Chennai, PAN No:AACK1425C, Assessment year 2004-05 order dated28/12/2006. For Appellant : Mr. Rajesh for Mr.Karthick RanganathanFor respondent : Mr.S.Sridhar JUDGMENT (Delivered by DR.VINEET KOTHARI, J.) The Court was held by Video Conference, as per theResolution of the Full Court dated 3 July 2020, by Judges atthe respective residence offices and the counsel, staff of theCourt appearing from their respective residences. 2. This Tax Case Appeal has been filed by the Revenue,calling in question the correctness of the order passed by theIncome Tax Appellate Tribunal, Madras B Bench dated 5.1.2011in ITA No. 532/Mds/09, by raising the following substantialquestions of law:"Whether on the facts and in thecircumstances of the case, the Income Tax https://hcservices.ecourts.gov.in/hcservices/ Appellate Tribunal was right in quashingthe order of the Commissioner of IncomeTax u/s 263 of the Income Tax Act?” 3. When the matter is taken up for hearing, learnedStanding Counsel brought to our notice the Circularinstruction issued by the Central Board of Direct Taxes videCircular No.17/2019 dated 8th August 2019, 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.1,00,00,000/- (Rupees One Crore). 4. In the instant case, the tax effect is said to be lessthan the monetary limit imposed and therefore, the Appealsfiled by the Revenue are dismissed as withdrawn, keeping openthe substantial questions of law for determination inappropriate cases. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrarkpl/tarTo 1.The Income Tax Appellate Tribunal 'B'Bench, Chennai.2.The Income Tax Officer(OSD), Company Circle II(4), Chennai.3.The Commissioner of Income Tax, Chennai. Tax Case (Appeal) No.265 of 2011 PP(CO)CB(10/03/2021)