Commissioner Of Income Tax, Trichy v. Shri S. Baskaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM THE HON'BLE MR. JUSTICE M.DURAISWAMYAND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI T.C.A.No.409 of 2014 Commissioner of Income Tax,Trichy.... Appellant/AppellantVs. Shri S. Baskaran,No.21, Pushpak Nagar,Ammamandapam Road,Srirangam, Trichy 620 005. ... Respondent/Respondent Appeal preferred under Section 260A of the Income Tax Act,1961, against the order of the Income Tax Appellate Tribunal,Madras, “B” Bench, dated 30.12.2013 in I.T.A.No.926/Mds/2013,Assessment Year 2009-10. against the order oc Commissioner ofincome Tax (Appeals), Tiruchirappalli, in ITA No.285/11-12 dt.24.01.2013 for the assessment year 2009-10, and against theorder of the joint commissioner of Income Tax Range -I Trichy inPA No. AAEP132858F dt.30.12.2011 for ht assessment year 2099-10. For Appellant : Mr.M.Swaminathan Senior Standing CounselFor Respondent : Mr.M.Kaushik for Mr.S.Sridhar JUDGMENT (Judgment was delivered by M.DURAISWAMY, J.) We have heard Mr.M.Swaminathan, learned Senior StandingCounsel for the appellant/Revenue and Mr.M.Kaushik forMr.S.Sridhar, learned counsel for the respondent/assessee. 2.The appeal, filed by the Revenue under Section 260A of theIncome Tax Act, 1961 (for short, the Act) is directed againstthe order dated 30.12.2013 made in I.TA.No.926/Mds/2013 on thefile of the Income Tax Appellate Tribunal, Chennai, “B” Bench(for brevity, the Tribunal) for the Assessment Year 2009-10. https://hcservices.ecourts.gov.in/hcservices/ substantial question of law: “Whether the Tribunal has misdirected itselfin holding that it is a case not falling underSection 69 of the Income Tax Act?” 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.17/2019dated 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case is lessthan the threshold limit. 5.In the light of the said submissions, the above Tax CaseAppeal is dismissed as withdrawn on account of the Low TaxEffect. The substantial question of law framed is left open. Inthe event the tax effect in this case is above the thresholdlimit fixed in the said Circular, liberty is granted to theRevenue to make a mention to this Court to restore the appeal tobe heard and decided on merits. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mkn To 1.The Income Tax Appellate Tribunal, Chennai, “B” Bench 2.The Commissioner of Income Tax, Trichy. 3.The Joint Commissioner of Income Tax Range-I, Trichy. +1 cc to Mr. M.Smaminathan, Advocate Sr No. 18131 AAB(CO) RG.22.04.2021(2P/5C)