Commissioner Of Income Tax, Chennai v. P.damodaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 19.01.2021 CORAM: THE HON'BLE MR. JUSTICE M.DURAISWAMYAND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Commissioner of Income Tax,Chennai. ... Appellant in all TCAsvs. P.Damodaran,26/27, Errabalu Chetty Street,Chennai – 600 001. ... Respondent in all TCAs T.C.A. No.1024/2010 :Appeal preferred under Section 260A ofthe Income Tax Act, 1961, against the order of the Income TaxAppellate Tribunal, Madras, “D” Bench, dated 13.02.2009 inITA.No.825/Mds/08 for the Assessment Year 1998-99.against the order of the Commissioner of Income Tax Appeals-V in I.T.A. No. 211 to 215/MDS/2006-2007 dated 28.12.2007 forthe Assessment year 1998-99, 1999-2000, 2000-2001, 2002-2003 and2003-2004 in PAN/GIR No. respectivelyagainst the Assessment order of the Income Tax Officer,Company Ward VI(1) Chennai dated 21.03.2006, 21.03.2006,21.03.2006, 20.03.2006, 20.03.2006 respectively for theAssessment years 1998-99, 1999-2000, 2000-2001, 2002-2003 and2003-2004 in PAN/GIR No. . T.C.A. No.1025/2010 :Appeal preferred under Section 260A ofthe Income Tax Act, 1961, against the order of the Income TaxAppellate Tribunal, Madras, “D” Bench, dated 13.02.2009 inITA.No.826/Mds/08 for the Assessment Year 1999-2000. T.C.A. No.1026/2010 :Appeal preferred under Section 260A ofthe Income Tax Act, 1961, against the order of the Income TaxAppellate Tribunal, Madras, “D” Bench, dated 13.02.2009 inITA.No.827/Mds/08 for the Assessment Year 2000-2001. T.C.A. No.1027/2010 :Appeal preferred under Section 260A ofthe Income Tax Act, 1961, against the order of the Income TaxAppellate Tribunal, Madras, “D” Bench, dated 13.02.2009 inITA.No.828/Mds/08 for the Assessment Year 2002-2003. https://hcservices.ecourts.gov.in/hcservices/ T.C.A. No.1028/2010 :Appeal preferred under Section 260A ofthe Income Tax Act, 1961, against the order of the Income TaxAppellate Tribunal, Madras, “D” Bench, dated 13.02.2009 inITA.No.829/Mds/08 for the Assessment Year 2003-2004. For Appellant : Ms.S.Premalatha, Junior Standing Counsel for Mr.M.Swaminathan, Senior Standing Counsel For Respondent : Mr.M.P.Senthil Kumar for Mr.G.Baskar (Judgment was delivered by M.DURAISWAMY, J.) We have heard Ms.S.Premalatha, learned Standing Counsel forthe appellant/Revenue and Mr.M.P.Senthil Kumar, learned counselfor the respondent. 2. These appeals, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 (for short, the Act) are directedagainst the order dated 13.02.2009 made respectively inITA.Nos.825/Mds/08, 826/Mds/08, 827/Mds/08, 828/Mds/08 &829/Mds/08 on the file of the Income Tax Appellate Tribunal,Chennai, ''C'' Bench (for brevity, the Tribunal) for theAssessment Years 1998-99, 1999-2000, 2000-2001, 2002-2003 and2003-2004. 3. The appeals were admitted on 07.02.2011 on the followingsubstantial question of law:“Whether on the facts and in thecircumstances of the case, the Tribunal wasright in allowing the 801B deduction on 100%profits returned, as against the 45% of theprofits relatable to production of HeatShrinkable Sleeve - HSS produced by the assessee,which was one of the 17 item in the CJK?” 4. The learned Standing Counsel for the appellant submitsthat the above appeals are not pursued by the Revenue on accountof the Low Tax Effect in terms of Circular No.17/2019 dated08.08.2019 issued by the Central Board of Direct Taxes. By thesaid 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 all the casesare less than the threshold limit. 5. In the light of the said submissions, the above Tax CaseAppeals are dismissed on account of the Low Tax Effect. Thesubstantial question of law framed is left open. In the event https://hcservices.ecourts.gov.in/hcservices/ 4. The learned Standing Counsel for the appellant submitsthat the above appeals are not pursued by the Revenue on accountof the Low Tax Effect in terms of Circular No.17/2019 dated08.08.2019 issued by the Central Board of Direct Taxes. By thesaid 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 all the casesare less than the threshold limit. 5. In the light of the said submissions, the above Tax CaseAppeals are dismissed on account of the Low Tax Effect. Thesubstantial question of law framed is left open. In the event https://hcservices.ecourts.gov.in/hcservices/ the tax effect in all these cases are above the threshold limitfixed in the said Circular, liberty is granted to the Revenue tomake a mention to this Court to restore the appeals to be heardand decided on merits. No costs. Consequently, the connectedMiscellaneous Petitions are closed. -s/d- Assistant Registrar(CS-IX) True Copy Sub-Assistant Registrar RjTo1.The Registrar Income Tax Appellate Tribunal, Chennai, ''D'' Bench2.The Commissioner of Income Tax (Appeals) VNo. 121 Mahathma Gandhi Road, Chennai 34.3.The Income Tax Officer Company Ward VI(1)Chennai+1 Cc to Mr.G.Baskar, Advocate sr 2385.+1 CC to Mr.M.Swaminathan, Advocate sr 2443.T.C.A.Nos.1024 to 1028 of 2010 andM.P. No. 1 of 2010 ( 5 MPs)PPA(CO)SP(10/02/2021)