Commissioner Of Income Tax-I, Tiruchirapalli v. Shri.t.leelaram

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 20.8.2019 The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Commissioner of Income Tax-I, Tiruchirapalli...AppellantVsShri.T.Leelaram...RespondentAPPEAL under Section 260A of the Income Tax Act, 1961againsttheorderdated31.3.2009madeinITA.No.1123/Mds/2007 on the file of the Income TaxAppellate Tribunal, Chennai 'C' Bench for the assessmentyear 2004-05 as against the order of the commissioner ofIncometax(Appeals)No.4,WilliamRoad,ContonmentTiruchirapalli 620 601 made in ITA.No 465/05-06 dated27.01.2007 as against the order of the Deputy commissionerof Income Tax Circle II, No.10.Williams Road ContnmentTiruchirapalli in PAN NO.AABPL 7675 D/CIR II/TRY/04-05dated 28.09.2005 for the Assessment Year 2004-2005.For Appellant:Ms.S.Premalatha, SC For Respondent:Mr.A.S.Sriraman We have heard Ms.S.Premalatha, learned Standing Counselappearing for the appellant – Revenue and Mr.A.S.Sriraman,learned counsel appearing for the respondent – assessee. 2. This appeal, filed by the Revenue under Section 260Aof the Income Tax Act, 1961 is directed against the orderdated 31.3.2009 made in ITA.No. 1123/Mds/2007 on the fileof the Income Tax Appellate Tribunal, Chennai 'C' Bench forthe assessment year 2004-05. https://hcservices.ecourts.gov.in/hcservices/ 3. The appeal was admitted on 07.2.2012 on the followingsubstantial question of law : “Whether, on the facts andcircumstances of the case, the IncomeTax Appellate Tribunal was right incanceling the penalty under Section 271(1)(c) levied on the assessee on theground that the income detected duringthe survey was shown by the assessee inthe revised return filed after thesurvey ?” 4. The learned Senior Standing Counsel for the appellantsubmits that the above appeal is not pursued by the Revenueon account of the low tax effect in terms of CircularNo.17/2019 dated 08.8.2019 issued by the Central Board ofDirect Taxes. By the said Circular, the monetary limit forfiling or pursuing an appeal before the High Court has beenincreased to Rs.1 Crore. It is further submitted that thetax effect in this case is less than the threshold limit.5. In the light of the said submissions, the above taxcase appeal is dismissed on account of the low tax effect.The substantial question of law framed is left open. In theevent the tax effect is above the threshold limit fixed inthe said circular, liberty is granted to the Revenue tomake a mention to this Court to restore the appeal to beheard and decided on merits. No costs. Consequently, theconnected MP is also dismissed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/