Commissioner Of Income Tax, Chennai v. R.chandrakala

IN THE HIGH COURT OF JUDICATURE AT MADRASDATE: 19.02.2021 Commissioner of Income Tax,Chennai. ... Appellant in all TCAsVs. R.Chandrakala... Respondent in all TCAs Appeals preferred under Section 260A of the Income Tax Act,1961, against the order of the Income Tax Appellate Tribunal,Madras, "D" Bench, dated 11.01.2012 in I.TA.Nos.1697 to1700/Mds/2011, Assessment Year 2003-04, 2004-05, 2005-06 & 2006-07 against the order of the Commissioner of Income Tax (Appeals)VI, 121 Mahathma Gandhi Road, Chennai 600 034 dated 05.08.2011,08.08.2011, 08.08.2011, 08.08.2011 in I.T.A. Nos. 84 to 87 forthe Assessment year 2009-2010 respectively and against the orderof the Income Tax Officer Ward 1(1) Chennai 600 034 dated18.12.2009, 18.12.2009, 18.12.2009 & 18.12.2009, PAN/GIR No. District Ward/ Circle Business Ward (1) Statusindividual for the Assessment year 2003-2004 Respectively forthe Assessment year 2003-2004, 2004-2005, 2005-2006, 2006-2007. For Appellant : Mr.M.Swaminathan(in all 4 TCAs) Senior Standing Counsel For Respondent : Mr.Kaushik(in all 4 TCAs) for Mr.S.Sridhar COMMON JUDGMENT (Judgment was delivered by M.DURAISWAMY, J.) We have heard Mr.M.Swaminathan, learned Senior StandingCounsel for the appellant/Revenue and Mr.Kaushik, learnedcounsel for the respondent/assessee. 2.The appeals, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 (for short, the Act) are directedagainst the order dated 11.01.2012 made in I.TA.Nos.1697 to1700/Mds/2011 on the file of the Income Tax Appellate Tribunal,Chennai, "D" Bench (for brevity, the Tribunal) for theAssessment Years 2003-04, 2004-05, 2005-06 & 2006-07. https://hcservices.ecourts.gov.in/hcservices/ 3.The appeals were admitted on 11.09.2012 on the followingsubstantial question of law: “Whether on the facts and circumstances ofthe case, the Tribunal was right in setting asideassessment order passed consequent to thedirection of CIT (A) to assess the cost ofconstruction proportionately for the relevantassessment year 2002-03 to 2006-07 during whichthe construction took place which was based on areport as found by the CIT (A) originally as wellas the assessee's submissions?” 4.The learned Senior Standing Counsel for the appellantsubmits that the above appeals are not pursued by the Revenue onaccount of the Low Tax Effect in terms of Circular No.17/2019dated 08.08.2019 issued by the Central Board of Direct Taxes. Bythe said 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 these cases areless than the threshold limit. 5.In the light of the said submissions, the above Tax CaseAppeals are dismissed as withdrawn on account of the Low TaxEffect. The substantial question of law framed is left open. Inthe event the tax effect in these cases is above the thresholdlimit fixed in the said Circular, liberty is granted to theRevenue to make a mention to this Court to restore the appealsto be heard and decided on merits. No costs. -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar vaTo 1.The Income Tax Appellate Tribunal, Chennai, "D" Bench 2.The Commissioner of Income Tax (Appeals)VI121, Mahathma Gandhi Road, Chennai 600 034. 3.The Commissioner of Income Tax, Chennai 4.The Income Tax Officer Ward 1(1), Chennai https://hcservices.ecourts.gov.in/hcservices/ +1 CC to Mr.Swaminathan, Advocate sr 10242. T.C.A.Nos.215 to 218 of 2012 AD(CO) SP(09/03/2021)