Commissioner Of Income Tax Iv v. Shri K.j.yesudoss

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 26.08.2019 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMandTHE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Tax Case Appeal No.131 of 2013 Commissioner of Income Tax IV,121, M.G.Road, Chennai-600 034... Appellant/Appellant -vs- Shri K.J.Yesudoss,13, 3[rd] Street, Abhiramapuram,Chennai-600 018.PAN: AAOPY 9888L.. Respondent/ Respondent APPEAL under Section 260A of the Income Tax Act, 1961 againstthe order dated 26.09.2012, made in I.T.A.No.2171/Mds/2008 onthe file of the Income Tax Appellate Tribunal 'C' Bench, Chennaifor the assessment year 1993-94 against the order passed by theCommissioner of Income Tax Appeals VI, chennai 34 made inITA.NO.14/2008-2009, dated 24.07.2008 and against the orderpassed by the Assistant Commissioner of Income Tax, Media CircleII, chennai 34 made in GIR&PA NO.10701-Y/AAOPY 98882 dated07.03.2008 and against the order passed by the Commissioner ofIncome Tax (Appeals)VI, chennai 34 made in ITA.NO.06/2003-2004dated 05.02.2004 and against the order passed by the AssistantCommisioner of Income Tax, Media Circle II, chennai 34 made inGIR NO.PA.NO.10701-Y dated 28.03.2001. ****** JUDGMENT (Delivered by T.S.Sivagnanam, J.) This appeal filed by the Revenue under Section 260A of theIncome-tax Act, 1961 is directed against the order dated26.09.2012, made in I.T.A.No.2171/Mds/2008 on the file of theIncome Tax Appellate Tribunal 'C' Bench, Chennai for theassessment year 1993-94. 2.The above appeal was admitted on 04.04.2013, on thefollowing substantial questions of law:-“(i) Whether on the facts and in thecircumstances of the case, the Appellate Tribunalwas right in holding that the assessee is eligiblefor deduction under Section 80HHC invokingexplanation (aa) to Section 80HHC when the goodsmaster tapes have not crossed the frontiers ofIndia? and (ii) Whether on the facts and in thecircumstances of the case, the Appellate Tribunalwas right in passing fresh order holding that theassessee is eligible for deduction under Section80HHC, when originally, in the order dated04.10.2011, it was held that the master tapes werenot crossed the frontiers of India and theassessee is not eligible for relief under Section80HHC?” 3.Heard Mr.M.Swaminathan, learned Senior Standing Counselassisted by Ms.V.Pushpa, learned Standing Counsel for theappellant – and Mr.R.Balasubramanian and Ms.J.Nichani, learnedcounsel for the respondent. 4.The learned Senior Standing Counsel for the appellantsubmits that the above appeal is not pursued by the Revenue onaccount of the low tax effect in terms of Circular No.17/2019,dated 08.08.2019 issued by the Central Board of Direct Taxes. Bythe said Circular, the monetary limit for filing or pursuing anappeal before the High Court has been increased to Rs.1 Crore.It is further submitted that the tax effect in this case is lessthan the threshold limit. 5.In the light of the said submissions, the above tax caseappeal is dismissed on account of the low tax effect. Thesubstantial questions of law framed are left open. In the eventthe tax effect is above the threshold limit fixed in the saidcircular, liberty is granted to the Revenue to make a mention to https://hcservices.ecourts.gov.in/hcservices/ this Court to restore the appeal to be heard and decided onmerits. No costs. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar abrTo The Income Tax Appellate Tribunal 'C' Bench, Chennai. 2.The Commisioner of Income Tax (Appeals)VI, chennai 34. 3.The Assistant Commisioner of Income Tax,Media Circle II, chennai 34 +1cc to Mr.M.Swaminathan , Advocate SR.No. 73014T.C.A.No.131 of 2013 A.SK(03/12/2019)