Commissioner Of Income Tax, Chennai v. Subash Chand Jain, 7 Police Patrol Road, Shevapet, Salem – 2

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.Subash Chand Jain,7 Police Patrol Road,Shevapet, Salem – 2.... Respondent in all TCAs Appeals preferred under Section 260A of the Income Tax Act,1961, against the orders of the Income Tax Appellate Tribunal,Madras, “D” Bench, dated 05.10.2007 in I.TA.No.676/Mds/2001,I.TA.No.3459/ Mds/2004 and I.TA.No.2411/Mds/2005 Assessment Year1994-95, and against the order of the Commissioner of Income Tax(Appeals),Salem-7,dated05.10.2005,madeinPAN./GIR.No./TAN.No.S-5792 and assessment year 1994-95, andagainst the order of the Income Tax Officer, Ward -I(2),Salem-7, dated 11.03.2002 made in PAN.No./GIR.No. S-5792, Assessmentyear 1994-95.For Appellant : Mr.M.Swaminathan,(in all TCAs) Senior Standing CounselFor Respondent : Mr.M.P.Senthil Kumar(in all TCAs) COMMON JUDGMENT (Delivered by M.DURAISWAMY, J.) We have heard Mr.M.Swaminathan, learned Senior StandingCounsel for the appellant/Revenue and Mr.M.P.Senthil Kumar,learned counsel 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 05.10.2007 made in I.TA.No.676/Mds/2001,I.TA.No.3459/Mds/ 2004 and I.TA.No.2411/Mds/2005 on the file ofthe Income Tax Appellate Tribunal, Chennai, “D” Bench (forbrevity, the Tribunal) for the Assessment Year 1994-95. https://hcservices.ecourts.gov.in/hcservices/ 3.The appeals were admitted on 22.06.2009 on the followingsubstantial question of law: “Whether in the facts and circumstances ofthe case, the Tribunal was right in setting asidethe order of CIT under Section 263 andconsequentlyholdingotherappealsasinfructuous?” 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 isless than the threshold limit. 5.In the light of the said submissions, the above Tax CaseAppeals are dismissed as withdrawn on account of the Low TaxEffect.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.Sd/-Assistant Registrar (CS.VIII)/True Copy/ Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal,Chennai, “D” Bench, Madras. 2.The Commissioner of Income Tax, Chennai. 3.The Commissioner of Income Tax (Appeals), Salem -7. 4.The Income Tax Officer,Ward(2), Salem -7. +1cc to Mr.G.Baskar, Advocate SR.NO.5176+1cc to Mr.M.Swaminathan, Advocate SR.NO..6403