Commissioner Of Income Tax Chennai v. M/S. Parma & Vijay Investment & Finance Co. Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE DR.JUSTICE ANITA SUMANTH Tax Case Appeal No.122 of 2009 Commissioner of Income Tax Chennai...Appellant/RespondentVs. M/s. Parma & Vijay Investment & Finance Co. Pvt. Ltd.3, Vijayaraghava Chari RoadChennai 600 017... Respondent/Appellant Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras 'B' Bench, dated 06.8.2008 in ITANo.400/Mds/2007. Against the order of the Commissioner of IncomeTax (A)-V, Chennai-600 034 dated 26.10.2006 made in ITA.No.413of 2005-2006 and against the Assessment Order passed by theAssitant Commissioner of Income Tax Company Circle V(1),Chennai, dated 30.11.2005 made in PAN/GIR.No. /51074-P. ----- For Respondent : Mr.R.Vijayaraghavan For M/s. Subbaraya Aiyar Padmanabhan----- This Tax Case Appeal has been filed by the Revenue callingin question the correctness of the order passed by the IncomeTax Appellate Tribunal, Madras 'B' Bench, dated 06.8.2008 in ITANo.400/Mds/2007, by raising the following substantial questionof law: "Whether on the facts and circumstances of thecase, the Tribunal was right in holding that the https://hcservices.ecourts.gov.in/hcservices/ assessment under Section 147 was invalid in view ofthe proviso to Section 14A even though there hadbeen no earlier assessment under Section 143(3) totreat it as a re-assessment?" 2. When the matter is taken up for hearing, the learnedStanding Counsel brought to our notice the Circular instructionissued by the Central Board of Direct Taxes vide CircularNo.3/2018 dated 11.7.2018 wherein it is stipulated that appealsshall not be filed/pursued by the Department before the HighCourt in cases where the tax effect does not exceed Rs.50 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 questions of law for determination in an appropriatecase. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kplTo1.The Income Tax Appellate Tribunal,Madras 'B' Bench,Madras.2.The Commissioner of Income Tax(A)-V,Chennai.3.The Assistant Commissioner of Income TaxCompany Circle V(1)Chennai. +1cc to Mr.T.Ravi Kumar, Advocate, S.R.No.83857+1cc to M/s.Subbaraya Aiyar Padmanabhan, Advocate, S.R.No.84140 TCA No.122 of 2009 EV(CO)CS/08/01/2019