Commissioner Of Income Tax-I,Tiruchirapalli v. M/S.atlantic Fabrics

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19.12.2018 THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE DR.JUSTICE ANITA SUMANTH Tax Case Appeal No.1216 of 2010 Commissioner of Income Tax-I,Tiruchirapalli. ...Appellant Vs. M/s.Atlantic Fabrics ...Respondent Tax Case Appeal filed under Section 260-A of the Income TaxAct, 1961, against the order of the Income Tax AppellateTribunal, Chennai 'C' Bench, dated 24.06.2010, made in ITANo.431/Mds/2010 against the order dated 26.02.2010 made in ITA.No.521/08-09, by the Commissioner of Income Tax (Appeals),Tiruchirapalli for the assessment year 2006 - 07 against theassessment order U/S.143(3) of the Income Tax Act, 1961, passedby the Deputy Commissioner of Income Tax, Circle - II, Trichy,dated 30.12.2008 for the assessment year 2006-07. For Appellant : Mr.M.Swaminathan, Senior Standing Counsel. For respondent : No appearance (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, Chennai 'C' Bench, Chennai, dated24.06.2010, in ITA No.431/Mds/2010, by raising the followingsubstantial question of law : "Whether on the facts and in the circumstancesof the case, the Income Tax Appellate Tribunal was https://hcservices.ecourts.gov.in/hcservices/ right in directing the Assessing Officer to allowdepreciation at 80% on civil works and electricalinstallations which were separate from the Wind Milland, therefore, were entitled for depreciation onlyat 10% ? 2. When the matter is taken up for hearing, the learnedStanding Counsel for the Department brought to our notice theCircular instruction 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 tax effectdoes not exceed Rs.50.00 lakhs. 3. In the instant case, the tax effect is said to be lessthan the monetary limit imposed and, therefore, the appeal filedby the Revenue is dismissed, as not pressed, keeping open thesubstantial question of law for determination in appropriatecases. No costs.dixit Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant RegistrarTo 1.The Income Tax Appellate Tribunal,Chennai 'C' Bench,Chennai. 2. The Commissioner of Income Tax (Appeals) Tiruchirapalli. 3. The Deputy Commissioner of Income Tax, Circle - II, Trichy. ssd(CO)kak(30/01/2019)