Commissioner Of Income Tax, Coimbatore v. Shri Chaganlal Lalji Aswin

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.9.2021 CORAM : THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP TAX CASE APPEAL NO.646 OF 2014 Commissioner of Income Tax, Coimbatore...Appellant/RespondentVs Shri Chaganlal Lalji Aswin...Respondent/Appellant APPEAL under Section 260A of the Income Tax Act, 1961 againstthe order dated 18.3.2013 made in ITA.No.1054/Mds/2012 on thefile of the Income Tax Appellate Tribunal, Chennai 'C' Bench forthe assessment year 2007-08. Against the order of the Commissioner of Income Tax ICoimbatore dated 27.03.2012 in F.No.120 (12) 263 CLA/CIT-1CBE/11-12 for assessment year 2007-2008. Against the order of the Income Tax Appellate Tribunal 'A'Bench, Chennai, dated 18.10.2011 in ITA No.857/MDS/2011 for theassessment year 2007-2008. Against the order of the Commissioner of Income Tax Appeals-I, Coimbatore dated 28.02.2011 in Appeal No 173/2009-2010 forthe assessment year 2007-2008 Against the order of the Income Tax Officer ward III(3),Coimbatore dated 30.12.2009, PAN.NO.ACLPA53621 for theassessment year 2007-2008. For Appellant:Mr.T.R.Senthilkumar, SSC &Ms.K.G.Usharani, SCFor Respondent :Mr.R.Sivaraman Judgment was delivered by T.S.Sivagnanam,J We have heard Mr.T.R.Senthilkumar, learned Senior StandingCounsel and Ms.K.G.Usharani, learned Standing Counsel for theappellant – Revenue and Mr.R.Sivaraman, learned counselappearing for the respondent. 2. This appeal, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 (for short, the Act) is directedagainst the order dated 18.3.2013 made in ITA.No.1054/Mds/2012on the file of the Income Tax Appellate Tribunal, Chennai 'C'Bench (for brevity, the Tribunal) for the assessment year 2007-08. 3. The appeal has been admitted on 15.9.2014 on the followingsubstantial question of law :“Whether,underthefactsandcircumstances of the case, the Income TaxAppellate Tribunal was correct in holdingthat the Commissioner of Income Tax hasexceeded his jurisdiction under Section 263,since the issue has already been adjudicatedby the two Appellate Authorities andtherefore, the Commissioner's order is badin law?” 4. The learned Senior Standing Counsel for the appellantsubmits that the above appeal is not pursued by the Revenue onaccount of the low tax effect in terms of Circular No.17/2019dated 08.8.2019 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 this case is lessthan the threshold limit. 5. In the light of the said submissions, the above tax caseappeal is dismissed on account of the low tax effect. Thesubstantial question of law framed is left open. In the eventthe tax effect is above the threshold limit fixed in the saidcircular, liberty is granted to the Revenue to make a mention tothis Court to restore the appeal to be heard and decided onmerits. No costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar RS https://hcservices.ecourts.gov.in/hcservices/ To 1.The Income Tax Appellate Tribunal,Rajaji Bhavan, Besant Nagar,Chennai 'C' Bench.2.The Commissioner of Income Tax-I,63A Race Course,Coimbatore. 3.The Income Tax Appellate Tribunal 'A' Bench Chennai.4.The Income Tax Officer Ward III(3)Coimbatore . 5.The Commissioner of Income Tax Appeals-I,Coimbatore. +1cc to Mr.T.R.Senthil Kumar, Advocate, S.R.No.44846 MG(CO)PM/24/09/2021 TCA.No.646 of 2014