Commissioner Of Income Tax -Iitiruchirappalli v. Shri.t.s.r.balajigokul Gardens,Kumbakonam

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.12.2018 CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE DR.JUSTICE ANITA SUMANTH Tax Case Appeal No.565 of 2009 Commissioner of Income Tax -IITiruchirappalli. .... Appellant/Appellant Vs. Shri.T.s.R.BalajiGokul Gardens,Kumbakonam .... Respondent/ Respondent Tax Case Appeal filed under Section 260A of the IncomeTax Act, 1961 against the order of the Income Tax AppellateTribunal, Madras 'C' Bench, Chennai, dated 16.09.2004 madein ITA No.1261/Mds/98 for the assessment year 1994-95against the order dated 15.01.1998 in ITA NO.16/96-97-ACIT-INV I/TR4 by the Commisioner of Income Tax (Appeals)-VI,Madras against the Assessment order dat 14.03.96 in cisno.8701-B/INV.I/94-95 by the Assistant Commisioner ofIncome Tax ,Investigation -I,Trichy. For Appellant : Mrs.Premalatha for Mr.M.Swaminathan Sr.Standing Counsel For Respondent : Mr.S.Sridhar This Tax Case Appeal has been filed by the Revenue callingin question the correctness of the order passed by theIncome Tax Appellate Tribunal, Madras ''C' Bench, Chennai,dated 16.09.2004 made in ITA No.1261/Mds/98 for theassessment year 1994-95 by raising the followingsubstantial questions of law: https://hcservices.ecourts.gov.in/hcservices/ "(i) Whether on the facts and in thecircumstances of the case the Tribunal wasright in dismissing the appeal filed by theRevenue without going into the merits of thecase on the ground that the tax effect was lessthan the monetary limit of Rs.1,00,000/-prescribed by the Central Board of Direct Taxesin the Instruction No.1979 dated 27.03.2000 forfiling appeals before the Income Tax AppellateTribunal without considering the judicialpronouncements of the various High Courtsincluding that of the jurisdictional High Courtwherein it has been held that the Board'instructions regarding monetary limits do notoperate as an embargo on considering theappeals on merits? (ii) Without prejudice to the abovequestion, whether on the facts and in thecircumstances of the case, the Income TaxAppellate Tribunal was right in dismissing theappeal filed by the Revenue without going intothe merits of the case on the ground that thetax effect was less than the monetary limit ofRs.1,00,000/- prescribed by the Central Boardof Direct Taxes in the Instruction No.1979dated 27.03.2000 for filing appeals before theIncomeTaxAppellateTribunalwithoutconsidering the fact the appeal was filed muchbefore the said Instructino came into force?" 2. When the matter is taken up for admission, thelearned Standing Counsel brought to our notice the Circularinstruction issued by the Central Board of Direct Taxesvide Circular No.3/2018 dated 11.7.2018 wherein it isstipulated that appeals shall not be filed/pursued by theDepartment before the High Court in cases where the taxeffect does not exceed Rs.50 lakhs. 3. In the instant case, the tax effect is said to beless than the monetary limit imposed and therefore, theappeal filed by the Revenue is dismissed as not pressed,keeping open the substantial questions of law fordetermination in an appropriate case. Sd/- Assistant Registrar(CS iii) //True Copy// Sub Assistant Registrar sl https://hcservices.ecourts.gov.in/hcservices/ ToThe Income Tax Appellate Tribunal, Madras 'C' Bench,Chennai 2. The Commisioner of Income Tax (Appeals)-VI,Madras 3.The Assistant Commisioner of Income Tax ,Investigation-I,Trichy. 4.The Commisioner of Income Tax-II ,Trichirapalli. +1cc to Mrs.Premalatha , Advocate SR.No. 84933 TCA No.565 of 2009 A.SK(23/01/2019) 12.2018.