Commissioner Of Income Tax Chennai v. M/S.g.f.securities

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 13.02.2020 CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE R.SURESH KUMAR Tax Case (Appeal) No.909 of 2010 Commissioner of Income TaxChennai...Appellant Vs.M/s.G.F.SecuritiesNo.20, Agasthiyar ManorRaja Street, T.NagarChennai....RespondentTax Case Appeals filed under Section 260A of the Income TaxAct, 1961 against the common order of the Income Tax AppellateTribunal'C'Bench,Chennaidated04.03.2010inM.P.No.362/Mds/2009 in ITA No.1215/Mds/09 and Against theO/o.The Commissioner of Income Tax(Appeals) -IV, Mahatma GandhiRoad, Chennai -34 and made in ITA.No.91/08-09, dated 16.07.2019and against the Deputy Commissioner of Income Tax, Circle -I,Chennai -34 and made in AAEFG1475D, dated 03/12/2008 for theAssessement year 2006-2007. This Tax Case Appeal has been filed by the Revenue callingin question the correctness of the order passed by the IncomeTax Appellate Tribunal, 'C' Bench, Madras, by raising thefollowing substantial question of law: "Whether under the facts and in the circumstances ofthe case, the Appellate Tribunal was justified inrecalling its earlier order with a view to pass afresh order re-adjuciating the issues in dispute on https://hcservices.ecourts.gov.in/hcservices/ the basis of the Miscellaneous Petition forrectification filed by the Assessee which is beyondthe scope of the power conferred on the Tribunalunder Section 254(2) of the Income Tax Act?' 2. When the matter was taken up for hearing, the learnedStanding 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 appeal filedby the Revenue is dismissed as not pressed, keeping open thesubstantial questions of law for determination in an appropriatecase. Sd/-Assistant Registrar(C.S.IV)/True Copy/Sub Assistant RegistrarTo 1.The Income Tax Appellate Tribunal 'C' Bench,Chennai. 2.The Commissioner of Income Tax(Appeals)-IV,Mahathma Gandhi Road,Chennai -34. 3.The Deputy Commissioner of Income Tax, Circle -I,Chenna- 34. +1cc to Mr.T.Ravikumar, Advocate Sr.No.12133 Page 2 of 2