Commissioner Of Income Tax - I Tiruchirapalli v. M/S. Mallow International,Sf

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :08.03.2022 THE HONOURABLE MR. JUSTICE R. MAHADEVANAND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Tax Case Appeal No.1455 of 2010 Commissioner of Income Tax - I Tiruchirapalli. ...Appellant/Respondent -vs- M/s. Mallow International,SF 535, Semmadai,Salem Bye-Pass Road, Karur. ...Respondent/Appellant Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order dated 09.07.2010 passed by theIncome Tax Appellate Tribunal, Madras “D” Bench, Chennai inI.T.A.No.564/Mds/2010 and against the order of the Commissionerof Income Tax (Appeals), Tiruchirapalli dated 04.02.2010 andmade in ITA.No.572/08-09 and against the order of the DeputyCommissioner of Income Tax Circle – II, Trichy dated 24.12.2008and made in PAN.No. for the Assessment year 2006-2007. For Respondent : Mr.Vikram Vijayaraghavan for Mr.Subbaraya Aiyar J U D G M E N T(Judgment was delivered by R. MAHADEVAN, J.) This tax case appeal has been filed by the appellant /Revenue, calling in question the correctness of the order dated09.07.2010 passed by the Income Tax Appellate Tribunal, 'D'Bench, Chennai, in I.T.A.No.564/Mds/2010, relating to theassessment year 2000-07. On 28.2.2011, this Tax Case Appeal isadmitted on the following substantial questions of law:-"Whether on the facts and in the circumstancesof the case, the Income Tax Appellate Tribunal wasright in holding that the assessee was entitledfor depreciation at the rate of 80% and 40%applicable to windmills based on the date of https://hcservices.ecourts.gov.in/hcservices/ putting to use, even on the electrical fittingsand civil work, on which depreciation wasallowable only at the rate of 10% and 5%?" 2.When the matter was taken up for consideration, thelearned counsel for the appellant / Revenue brought to the noticeof this court the Circular No.17/2019 dated 08.08.2019 issued bythe Central Board Direct Taxes, 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). It is also submitted thatthe tax effect in this appeal is less than the threshold limit. 3.In the light of the aforesaid submissions made by thelearned counsel for the appellant / Revenue, the present appeal,wherein, the tax effect is said to be less than the monetarylimit imposed, is dismissed as withdrawn, keeping open thesubstantial question of law for determination in an appropriatecase. No costs. Sd/- Assistant Registrar(CS-II) //True Copy// gba/msr Sub Assistant Registrar To 1. The Income Tax Appellate Tribunal, Madras “D” Bench, Chennai. 2. The Commissioner of Income Tax I, Tiruchirapalli. 3. The Commissioner of Income Tax (Appeals) Tiruchirapalli. 4. The Deputy Commissioner of Income Tax Circle-II, Trichy. +1cc to M/s.Subbaraja Aiyar, Advocate, S.R.No.16111+1cc to Mr.M.Swaminathan, Advocate, S.R.No.15644 SV(CO)RGA(01/04/2022) Tax Case Appeal No.1455 of 2010