Commissioner Of Income Tax v. M/S.susee Auto Plaza Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.08.2019 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAMandTHE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Tax Case Appeal No.286 of 2013 Commissioner of Income Tax,2, V.P.Ratnasamy Road,Madurai-625 002. .. Appellant/Appellant -vs- M/s.Susee Auto Plaza Pvt Ltd.,89/102, Theni Main Road, Madurai.PAN: AAD CS 3665 F .. Respondent/Respondent Appeal under Section 260A of the Income-tax Act, 1961,against the order dated 30.04.2012, on the file of the Income-taxAppellateTribunal'B'Bench,Chennai,inI.T.A.No.1309/Mds/2011 for the assessment year 2005-06. And Against the Commissioner of Income Tax(Appeals)-II,Madurai, and made in AADCS3665F. Date of order 27/04/2011, andagainst the Additional Commissioner of Income-Tax, CentralCircle-III, Madurai-625 002, and made in PAN/GIR.NO.AAHCS0697Kdate of order 22/12/2008. For Appellant:Mr.M.Swaminathan, Senior Standing Counsel :and Ms.S.Premalatha, Junior Standing CounselFor Respondent:Mr.A.S.Sriraman, for Mr.S.Sridhar ****** 1 https://hcservices.ecourts.gov.in/hcservices/ JUDGMENT (Delivered by T.S.Sivagnanam, J.) This appeal filed by the appellant/Revenue under Section206A of the Income-tax Act, 1961, is directed against the orderdated 30.04.2012, passed by the Income-tax Appellate Tribunal'B' Bench, Chennai, in I.T.A.No.1309/Mds/2011 for the assessmentyear 2005-06. 2.The above appeal was admitted, on 22.07.2013, on thefollowing substantial questions of law:-“(i) Whether on the facts and in thecircumstances of the case, the Appellate Tribunalwas right in deleting the addition by holding thatno incriminating documents were found and hence nobasis to assess the amount collected for thepurpose of registration of new vehicles?(ii) Whether on the facts and in thecircumstances of the case, the Appellate Tribunalwas right in deleting the addition following theearlier orders of the Tribunal which are subjectmatter appeals before the High Court of Madras?” 3.Heard Mr.M.Swaminathan, learned Senior Standing Counsel andMs.S.Premalatha, learned Junior Standing Counsel for theappellant;andMr.A.S.Sriraman,learnedcounselforMr.S.Sridhar, learned counsel 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 tothis Court to restore the appeal to be heard and decided onmerits. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar 2 abr To 1.The Income-tax Appellate Tribunal 'B' Bench, Chennai. 2.The Commissioner of Income Tax (Appeals)-II, Madurai. Madurai. 3.The Additional Commissioner of Income Tax, Central Circle III (Conc.), Madurai. Central Circle III (Conc.), Madurai. +1cc to Mr.S.Sridhar, Advocate SR.71823 T.C.A.No.286 of 2013 RR(CO)CB(18/11/2019) 3