Commissioner Of Income Tax Tiruchirapalli v. Atlantic Fabrics Sf

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.02.2022 CORAM : THE HONOURABLE MR.JUSTICE R. MAHADEVANAND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Tax Case Appeal No. 1305 of 2009 Commissioner of Income TaxTiruchirapalli ..Appellant/RespondentVersus Atlantic FabricsSF No. 1658 & 1659 Amaravathy NagarAndankoil, Karur 2 .. Respondent/Appellant Tax Case Appeal filed under Section 260A of the Income TaxAct, 1961 against the order dated 20.07.2007 passed by theIncome Tax Appellate Tribunal, Madras “D” Bench, inI.T.A.No.381/Mds/2007 and preferred appeal against thecommissioner of Income Tax (Appeals) No.4, Williams Road,Contonment, Tiruchirapalli-620 001 order dated 17.11.2006 madein ITA.8/05-06 for the Assessment year 2003-2004 and preferredagainst the Deputy Commissioner of Income-Tax Circle II, No.10,Williams Road, Contonment, Trichy order dated 28.02.2006 made inPAN/GIR No.AAAFA4315Q/20-FA-26 for the Assessment year 2003-2004. For Appellant:Mrs.V.PushpaStanding CounselFor Respondent :Mr.N.Quadir Hoseyn JUDGMENT This tax case appeal has been filed by the appellant /Revenue, calling in question the correctness of the order dated20.07.2007 passed by the Income Tax Appellate Tribunal, 'D'Bench, Chennai, in I.T.A.No.381/Mds/2007, relating to theassessment years 2003-04. 2.By order dated 24.11.2009, this court admitted theaforesaid tax case appeal on the following substantial questionof law: https://hcservices.ecourts.gov.in/hcservices/ “Whether on the facts and in the circumstances of thecase, the Tribunal was right in holding that deductionu/s.80HHC is allowable on DEPB amounts and duty drawback as claimed by the assessee, who is a supportingmanufacturer?” 3. When the matter was taken up for consideration, thelearned counsel for the appellant / Revenue brought to the noticeof this court the Circular No.17/2019 dated 08.08.2019 issued bythe Central Board Direct Taxes, wherein, it is stipulated thatappeals shall not be filed/pursued by the Department before theHigh Court in cases where the tax effect does not exceedRs.1,00,00,000/- (Rupees One Crore). It is also submitted thatthe tax effect in this appeal is less than the threshold limit. 4. In the light of the aforesaid submissions made by thelearned counsel for the appellant / Revenue, the present appeal,wherein, the tax effect is said to be less than the monetarylimit imposed, is dismissed as withdrawn, keeping open thesubstantial question of law for determination in an appropriatecases. No costs. Sd/- Assistant Registrar(CS-IX) //True Copy// dhk Sub Assistant Registrar To 1. The Commissioner of Income Tax Tiruchirapalli2. The Income Tax Appellate Tribunal, Madras “D” Bench.3. The Commissioner of Income Tax (Appeals) Tiruchirapalli4. The Deputy Commissioner of Income Tax Circle-II, No.10, Williams Road, Contonment, Trichy. +1cc to Mr.N.Quadir Hoseyn, Counsel for the Respondent, S.R.No.5920TCA No. 1305 of 2009 KJ(CO)RGA(18/02/2022)(21/02/2022)