Commissioner Of Income Tax Circle Vchennai v. Shri.vijayakumar Gauhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS THE HON'BLE MR. JUSTICE R. MAHADEVANAND THE HON'BLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Commissioner of Income Tax Circle VChennai....Appellant in both T.C.As Versus Shri.Vijayakumar Gauhar,No.273, Vijay Bhagyam Construction,403A,Velacherry Main Road,Velacherry, Chennai – 42....Respondent in both T.C.As Appeals preferred under Section 260A of the Income TaxAct, 1961, against the order of the Income Tax AppellateTribunal, Chennai, “B” Bench, dated 09.09.2010 inI.TA.Nos.1133 & 1134/Mds/2010 and against the order of theCommissioner of Income Tax (Appeals)-VIII, Chennai-34 dated08/04/2010 and made in ITA No.70 & 69/08-09 against the orderof the Assistant Commissioner of Income Tax, Business Range-V,Chennai-34 dated 24/12/2008 in PAN No. for theAssessment year 2005-06 & 2006-07. (Judgment was delivered by R.MAHADEVAN, J.) These tax case appeals have been filed by the appellant /Revenue, challenging the order dated 09.09.2010 passed by theIncome Tax Appellate Tribunal, Bench 'B', Chennai, inI.T.A.Nos.1133 & 1134/Mds/2010, relating to the assessmentyears 2005-06 and 2006-07. https://hcservices.ecourts.gov.in/hcservices/ 2.By order dated 01.03.2011, this court admitted theaforesaid tax case appeals on the following substantialquestion of law:“Whether on the facts and in the circumstancesof the case, the Income Tax Appellate Tribunal wasright in holding that the action of the Assessee indeveloping residential apartments was not in thenatureofbusinessvide its orderinI.T.A.No.796/Mds/2008 dated 06.05.2009 and therebydismissing the Revenue's appeals in I.T.A.Nos.1133and 1134/Mds/2009?” 3.When the matters were taken up for consideration, thelearned counsel for the appellant / Revenue brought to thenotice of this court the Circular No.17/2019 dated 08.08.2019issued by the Central Board Direct Taxes, wherein, it isstipulated that appeals shall not be filed/pursued by theDepartment before the High Court in cases where the tax effectdoes not exceed Rs.1,00,00,000/- (Rupees One Crore). It isalso submitted that the tax effect in these appeals are lessthan the threshold limit. 4.In the light of the aforesaid submissions made by thelearned counsel for the appellant / Revenue, these appeals,wherein, the tax effect is said to be less than the monetarylimit imposed, are dismissed as withdrawn, keeping open thesubstantial question of law for determination in appropriatecases. No costs. vm/kas 1.The Income Tax Appellate Tribunal, Chennai, “B” Bench. 2.The Commissioner of Income Tax (Appeals)-VIII Chennai. 3.The Commissioner of Income Tax, Business Range-V, Chennai-34. +1cc to Mr.T.Ravikumar, Advocate SR. No. 7767 SSD (CO)https://hcservices.ecourts.gov.in/hcservices/PR (24/02/2022)