Commissioner Of Income Tax Ivchennai v. Shri.a.manohar Prasad

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30.11.2018 CORAM THE HON'BLE DR.JUSTICE VINEET KOTHARIANDTHE HON'BLE DR.JUSTICE ANITA SUMANTH Commissioner of Income Tax IVChennai. ...Appellant Vs. Shri.A.Manohar Prasad...Respondent Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order of the Income Tax AppellateTribunal, Madras 'B' Bench, Chennai, dated 22.5.2009 made in ITANo.2155/Mds/2008 and appeal against the order of Commissioner ofIncome Tax (Appeals) VI 121, M.GRoad, Chennai-34 made inITA.No.193/06-07 dt:25/07/2008 and appeal against the order ofIncome Tax Officer, Media Ward-II, 121, M.G.Road, Chennai-34,dt:28/12/2007 Assessment order for the Assessment year 2004-05,in GIR.No. & PAN.No. dt:20/12/2006. J U D G M E N T (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, Madras 'B' Bench, Chennai, dated22.5.2009 made in ITA No.2155/Mds/2008, by raising the followingsubstantial question of law: "Whether, on the facts and in thecircumstances of the case, the appellate Tribunalwas justified in holding that the remuneration ofRs.84,00,000/- received by the assessee as Directorof the Company was assessable under the head "incomefrom Other Sources" and not under the head"Salaries" ignoring all relevant material?" https://hcservices.ecourts.gov.in/hcservices/ 2. When the matter is taken up for admission, the learnedStanding Counsel brought to our notice the Circular instructionissued by the Central Board of Direct Taxes vide CircularNo.3/2018 dated 11.7.2018 wherein it is stipulated that appealsshall not be filed/pursued by the Department before the HighCourt in cases where the tax effect does not exceed Rs.50 lakhs. 3. In the instant case, the tax effect is less than themonetary limit imposed and therefore, the appeal is dismissed asnot pressed, preserving the substantial question of law fordetermination in an appropriate case. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellant Tribunal,Madras 'B' Bench, Chennai.2.The Commissioner of Income Tax Appeal-VI,121, M.G.Road,Chennai-34 3.The Commissioner of Income Tax Appeal-VI,121, M.G.Road, New Block, Room 314, IIIrd floor,Chennai-34. +1cc to Mr.S.Premalatha, Advocate, S.R.No.82058 TCA No.1345 of 2009KJI(CO)GSP(07/01/2019) https://hcservices.ecourts.gov.in/hcservices/