Commissioner Of Income Tax I Madurai v. K.rajasankar 6 Velavar Illam, Jawahar 1[St] Cross Street, Nrt Nagar, Theni

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 28.11.2018 CORAMTHE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE DR.JUSTICE ANITA SUMANTH Tax Case Appeal No.615 of 2009 Commissioner of Income Tax IMadurai. .... Appellant/AppellantVs. K.Rajasankar6 Velavar Illam,Jawahar 1[st] Cross Street,NRT Nagar, Theni..... Respondent/Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras 'D' Bench, Chennai, dated 26.09.2009 made in IT(SS)A No.122/Mds/2003 for the block period 1989-90 to 1999-2000till 26.10.1999. against the order of the Commissioner of IncomeTax Appeals-I, Madurai dated 24.03.2003 made in ITA.No.296/2001-02 for the Assessment Year 1989-90 to 1999-2000 (till26.10.1999) against the order of the Deputy Commissioner ofIncome Tax, Circle-I, Madurai, dated 30.10.2001 made inPAN.No./CIR.I/MDU:HN-5369 for the assessment year 90-91 to 2000-2001 (till 26.10.1999). For Appellant : Ms.S.Premalatha for Mr.M.Swaminathan For Respondent : Mr.A.S.Sriraman for Mr.S.SridharJ U D G M E N T(Delivered by DR.VINEET KOTHARI,J) This Tax Case Appeal has been filed by the Revenue callingin question the correctness of the order passed by the IncomeTax Appellate Tribunal, Madras 'D' Bench, Chennai, dated26.09.2009 made in IT(SS)A No.122/Mds/2003 for the block period1989-90 to 1999-2000 till 26.10.1999 by raising the following https://hcservices.ecourts.gov.in/hcservices/ substantial questions of law: "(i) Whether on the facts and circumstances ofthe case, the Tribunal was right in holding that thefixed deposit came out of withdrawals from the bankcontrary to the sworn statement of the assessee thatit was done out of undisclosed income? (ii) Whether on the facts and circumstances ofthe case, the Tribunal was right holding that theinvestment on construction of the house andexpenditure on his son's marriage had come from sumsdrawn from the bank, when there was no basis to holdso, and contrary to the sworn statement of theassessee that it was done out of undisclosed income? (iii) Whether on the facts and circumstances ofthe case, the Tribunal was right in restricting theamount of undisclosed income towards on money paidfor purchase of agriculture land?" 2. When the matter is taken up for admission, the learnedSenior Standing Counsel brought to our notice the Circularinstruction issued by the Central Board of Direct Taxes videCircular No.3/2018 dated 11.7.2018 wherein it is stipulated thatappeals shall not be filed/pursued by the Department before theHigh Court in cases where the tax effect does not exceed Rs.50lakhs. 3. In the instant case, the tax effect is less than themonetary limit imposed and therefore, the appeal is dismissed asnot pressed, preserving the substantial questions of law fordetermination in an appropriate case. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Madras 'D' Bench, Chennai. 2.The Commissioner of Income Tax I,Madurai 3.The Commissioner of Income Tax Appeals-I,Madurai. 4.The Deputy Commissioner of Income Tax Circle-I,Madurai.Madurai. +1cc to Ms.S.Premalatha , Advocate, S.R.No.81250 TCA No.615 of 2009 VBA(CO)CS/03/01/2019