Commissioner Of Income Tax Chennai v. M/S.ashok Leyland Ltd., Sardar Patel Road, Chennai 32

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 17.12.2019CORAMTHE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE R.SURESH KUMARTax Case (Appeal) Nos.242 and 243 of 2014& M.P.No.1 of 2014 Commissioner of Income TaxChennai ...Appellant/Appellant Vs.M/s.Ashok Leyland Ltd.,Sardar Patel Road,Chennai 32....Respondent/Respondent Tax Case Appeals filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, 'D' Bench, Chennai, dated 1.3.2012 made in ITANos.1917, 1918/Mds/2010, against the order of the Commissionerof Income Tax Large Payer Unit(Appeals), Chennai in I.T.A.No.13& 14/08-09/LTU(A), dated 30/08/2010 against the penalty orderdated 28.03.2008 in AAACA46512 of the Joint Commissioner ofIncome Tax (Large Tax Payer Unit), Chennai for the AssessmentYear 1992-93 and 1993-94 respectively. For Appellant : Mr.T.Ravikumar Senior Standing Counsel For Respondent : Mr.N.Vijayaraghavan for M/s.Subbaraya Aiyar,Padmnabhan Ramani COMMON JUDGMENT(Delivered by DR.VINEET KOTHARI, J.) This Tax Case Appeal has been filed by the Revenue, callingin question the correctness of the order passed by the IncomeTax Appellate Tribunal, 'D' Bench, Chennai, dated 1 March 2012,in I.T.A.Nos.1917,1918/Mds/2010, for the Assessment Year 1992-93and 1993-94, by raising the following substantial question oflaw: "Whether on the facts andcircumstances of the case, theIncome Tax Appellate Tribunal wasright in deleting the penalty u/s271(1)(c) of the Income Tax Act?" 2. When the matter is taken up for hearing, learned SeniorStanding Counsel brought to our notice the Circular instructionissued by the Central Board of Direct Taxes vide CircularNo.17/2019 dated 8th August 2019, wherein, it is stipulated thatappeals shall not be filed/pursued by the Department before theHigh Court in cases where the tax effect does not exceedRs.1,00,00,000/- (Rupees One Crore). 3. In the instant case, the tax effect is said to be lessthan the monetary limit imposed and therefore, the Appeals filedby the Revenue is dismissed, as withdrawn, keeping open thesubstantial question of law for determination in appropriatecases. No costs. Consequently, M.P.Nos.1 and 1 of 2014 are alsodismissed. Sd/-Assistant Registrar(CS-VIII)// True Copy// tarTo Sub Assistant Registrar 1. Income Tax Appellate Tribunal, 'D' Bench, Chennai. 2.The Commissioner of Income Tax,Large Tax Payer Unit(Appeals), 1775, Jawaharlal Nehru Inner Ring Road,Anna Nagar Western Extension, Chennai 600 101. 3.The Joint Commissioner of Income Tax,Large Tax payer Unit, 1775, Jawaharlal Nehru Inner Ring Road,Anna Nagar Western Extension, Chennai 600 101. +1CC to Mr.T.Ravikumar, Sr.ST Counsel, for IT, SR.105074.+1CC to M/S.Subbraya Aiyar, Pabmanabhan, Advocates, SR.No.105159. GJ(CO)CSR: 27/01/2020 T.C.(A) Nos.242 & 243/2014