Commissioner Of Income Tax Chennai v. M/S.rasi Exports Ltd., 68C Cp Ramasamy Road Alwarpet, Chennai-108

IN THE HIGH COURT OF JUDICATURE AT MADRAS THE HONOURABLE ACTING CHIEF JUSTICEANDTHE HON'BLE MR.JUSTICE C.SARAVANAN Tax Case (Appeal) No.913 of 2010 Commissioner of Income Tax Chennai ..Appellant/AppellantVs. M/s.Rasi Exports Ltd.,68C CP Ramasamy RoadAlwarpet, Chennai-108. ..Respondent/Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, 'C' Bench, Chennai, dated 19.3.2010 made in ITANo.1624/Mds/2009 against the order passed by the Commissioner ofIncome Tax (Appeals) V, Chennai 34 made in I.T.A. No. 86/2007-2008 dated 09.02.2009 and against the order passed by the IncomeTax Officer(OSD) Company Range V(3) Chennai 34 made in C.No.53038-R/2004-2005 dated 08.06.2007. 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, Chennai, dated 19.3.2010 madein ITA No.1624/Mds/2009, for the Assessment Year 2004-2005, byraising the following substantial question of law: " Whether on the facts and in the circumstancesof the case, the Appellate Tribunal was right indeleting the penalty under Section 27(1)(c) when theAssessee has concealed the particulars of income?" https://hcservices.ecourts.gov.in/hcservices/ 2.When the matter is taken up for hearing, learned SeniorStanding Counsel brought to our notice the Circularinstruction issued by the Central Board of Direct Taxesvide Circular No.17/2019 dated 8th August 2019, wherein, itis stipulated that appeals shall not be filed/pursued bythe Department before the High Court in cases where the taxeffect does not exceed Rs.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effect is said to be lessthan the monetary limit imposed and therefore, the Appeal filedby the Revenue is dismissed, as withdrawn, keeping open thesubstantial question of law for determination in appropriatecases. No costs. Standing Counsel brought to our notice the Circularinstruction issued by the Central Board of Direct Taxesvide Circular No.17/2019 dated 8th August 2019, wherein, itis stipulated that appeals shall not be filed/pursued bythe Department before the High Court in cases where the taxeffect does not exceed Rs.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 withdrawn, keeping open thesubstantial question of law for determination in appropriatecases. No costs. s/d- Assistant Registrar True Copy ssk. Sub-Assistant Registrar To 1. The Commissioner Income Tax Appellate Tribunal, 'C' Bench, Chennai. 2.The Commissioner of Income Tax(Appeals)VChennai -34. 3. The Income Tax Officer (OSD), Company Circle V(3), Chennai. Company Circle V(3), Chennai. +1 CC to Mr.M.Swaminathan, Advocate sr 88463. +1 CC to Mr.S.Sridhar, Advocate sr 88358. RR(CO)SP(20/12/2019)