Commissioner Of Income Tax, Chennai v. Mary Chellathai

THE HON'BLE MR. JUSTICE M.DURAISWAMYAND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI T.C.A.No.476 of 2013 Commissioner of Income Tax,Chennai.... AppellantVs.Mary Chellathai... Respondent Appeal preferred under Section 260A of the Income Tax Act,1961, against the order of the Income Tax Appellate Tribunal,Madras, "A" Bench, dated 24.08.2012 in I.TA.No.1279/Mds/2011Assessment Year 2002-03 against Common Order of CIT(A) dated08.04.2011 in Case Nos. ITA. 224, 225 & 226/2009-2010 on thefile of the Commissioner of Income Tax (Appeals)V Chennai 34against PAN No. /720M on the file of the AssistantCommissioner of Income Tax, Company Circle IV(2), I/C Chennai 34. For Appellant : Mr.M.Swaminathan, Senior Standing Counsel For Respondent : M/s.Lakshmi Sriram JUDGMENT(Judgment was delivered by M.DURAISWAMY, J.) We have heard Mr.M.Swaminathan, learned Senior StandingCounsel for the appellant/Revenue and M/s.Lakshmi Sriram,learned counsel for the respondent/assessee. 2.The appeal, filed by the Revenue under Section 260A of theIncome Tax Act, 1961 (for short, the Act) are directed againstthe order dated 24.08.2012 made in I.TA.No.1279/Mds/2011 on thefile of the Income Tax Appellate Tribunal, Chennai, "A" Bench(for brevity, the Tribunal) for the Assessment Year 2002-03. 3.The appeal was admitted on 28.10.2013 on the followingsubstantial question of law:“Whether on facts and circumstances of thecase, the Tribunal was right in holding that thepayment made by M/s.MGM Diamond Beach Resorts PLtd., to M/s.Anand Transport is not taxable as https://hcservices.ecourts.gov.in/hcservices/ deemed dividend taxable in the hand of theassessee?” 4.The learned Senior Standing Counsel for the appellantsubmits that the above appeal is not pursued by the Revenue onaccount of the Low Tax Effect in terms of Circular No.17/2019dated 08.08.2019 issued by the Central Board of Direct Taxes. Bythe said Circular, the monetary limit for filing or pursuing anappeal before the High Court has been increased to Rs.1 crore.It is further submitted that the tax effect in these cases areless than the threshold limit. 5.In the light of the said submissions, the above Tax CaseAppeal is dismissed as withdrawn on account of the Low TaxEffect. The substantial question of law framed are left open. Inthe event the tax effect in this case is above the thresholdlimit fixed in the said Circular, liberty is granted to theRevenue to make a mention to this Court to restore the appeal tobe heard and decided on merits. No costs. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar vaTo1.The Income Tax Appellate Tribunal, Chennai, "A" Bench2.The Commissioner of Income Tax (Appeals)V121 Mahathma Gandhi Road, Chennai 34. 3.The Assistant Commissioner of Income TaxCompany Circle IV(2)(I/c) Chennai 34. 4.The Commissioner of Income Tax, Chennai +1 CC to Mrs. Lakshmi Sriram, Advocate sr 9813.+1 Cc to Mr.M.Swaminathan, Advocate sr 10245. T.C.A.No.476 of 2013 RGN(CO)SP(17/03/2021)