Commissioner Of Income Tax-I Coimbatore v. Ms.n.niveditha

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 14.02.2020 CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE MR.JUSTICE R.SURESH KUMAR TAX CASE (APPEAL) NO.622 OF 2011 Commissioner of Income Tax-ICoimbatore.... Appellant/RespondentVs. Ms.N.NivedithaNo.29, Race Course RoadCoimbatore 641 018PAN : ABRPN2734L... Respondent/Appellant-----Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax Appellate Tribunal'B' Bench, Chennai dated 30.06.2011 in ITA No.848/Mds/2010. againt the order passed by the Commissioner of Income Tax(Appelas)-1, Coimbatore dated 19.03.2009, made in AppealNo.193/08-09 and order passed by the Assistant Commissioner ofIncomeTax,CompanyWard-1,CoimbatoremadeinPAN.No.ABRPN2734L, dated 30.12.2008.For Appellant : Mr.T.R.Senthil Kumar, Sr.Standing Counselfor Ms.K.G.Usha RaniFor Respondent : Mr.R.Venkata NarayananJ U D G M E N T(Judgment of the Court was delivered by DR.VINEETKOTHARI,J) This Tax Case Appeal has been filed by the Revenue callingin question the correctness of the order passed by the IncomeTax Appellate Tribunal, 'B' Bench, Madras, by raising thefollowing substantial questions of law: https://hcservices.ecourts.gov.in/hcservices/ "1.Whether on the facts and in the circumstances ofthe case, the Income Tax Appellate Tribunal was rightin law in holding that the Capital Gains in regard tothe sale of property was not liable for tax duringthe assessment year 2006-07 is valid? 2. Whether on the facts and in the circumstances ofthe case, the Appellate Tribunal was right in law inholding Capital Gains in regard to the sale ofproperty was not liable to tax, even though the saleagreement does not fall within the purview of Section53A of the Transfer of Property Act, 1882 andtherefore as per Section 2(47)(v) of the Act, thesaid agreement dated 30.11.1997 and supplementaryagreement dated 26.11.2002 cannot be defined astransfer?” 2. When the matter was taken up for hearing, the learnedStanding Counsel brought to our notice the Circular instructionissued by the Central Board of Direct Taxes vide CircularNo.17/2019 dated 8th August 2019, wherein, it is stipulated thatappeals shall not be filed/pursued by the Department before theHigh Court in cases where the tax effect does not exceedRs.1,00,00,000/- (Rupees One Crore). 3. In the instant case, the tax effect is said to be lessthan the monetary limit imposed and therefore, the appeals filedby the Revenue is dismissed as not pressed, keeping open thesubstantial questions of law for determination in an appropriatecase. Sd/- Assistant Registrar(CS VI) //True Copy// arr Sub Assistant Registrar To 1.The Commissioner of Income Tax Appeal 'B' Bench,Chennai. 2.The Commissioner of Income Tax I, Coimbatore. 3.The Commissioner of Income Tax (Appeals)I,Coimbatore. 4.The Assistant Commissioner of Income Tax,Company Ward-I, Coimbatore.Company Ward-I, Coimbatore. 5.Ms.N.NivedithaNo.29, Race Course RoadCoimbatore 641 018PAN : ABRPN2734LNo.29, Race Course RoadCoimbatore 641 018PAN : ABRPN2734L +1cc to Mr.T.R.Senthil Kumar, Advocate, S.R.No.12155 +1cc to Mr.Subbaraya Aiyar, Advocate, S.R.No.12148 T.C.(A) No.622 of 2011 BS(CO)CS/28/05/2020