Commissioner Of Income Tax,Central Circle, Chennai v. G.suryakala

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.302 of 2013 Commissioner of Income Tax,Central Circle, Chennai... Appellant/Appellant -vs- G.Suryakala,15, 14[th] East Cross Road,Gandhi Nagar, Vellore.PAN: .. Respondent/Respondent Appeal under Section 260A of the Income-tax Act, 1961,against the order dated 27.07.2012 on the file of the Income-taxAppellate Tribunal 'B' Bench, Chennai, in I.T.A.No.717/Mds/2012for the assessment year 2008-09 against the order of theCommissioner of Income Tax(Appeals)-I at chennai dated25.01.2012 in ITA.No.217/08-09 against the assessment orderdated 21.12.2009 under sections 143(3) of Income Tax Act 1961passed by the Deputy Commissioner of Income Tax, Central IV(1)Chennai for the Assessment year 2008-2009 in PAN.No/GIR.No. . For Appellant:Mr.T.R.Senthil Kumar, Senior Standing Counsel:assisted by Ms.K.G.Usharani, Junior Standing Counsel For Respondent :Mr.V.S.Jayakumar****** (Delivered by T.S.Sivagnanam, J.) This appeal filed by the appellant/Revenue under Section260A of the Income-tax Act, 1961, is directed against the orderdated 27.07.2012, passed by the Income-tax Appellate Tribunal'B' Bench, Chennai, in I.T.A.No.717/Mds/2012 for the assessmentyear 2008-09. 2.The above appeal was admitted, on 26.07.2013, on thefollowing substantial questions of law:- (i) Whether on the facts and in thecircumstances of the case the Tribunal was rightin deleting the entire additions made by theassessing officer when the assessee has made adeposition u/s.132(4) during the course of searchand no books of account were produced during thesearch. (ii) Whether on the facts and in thecircumstances of the case the Tribunal was rightin deleting the addition of Rs.17,00,000/- whenthe assessee herself has admitted the same asunaccounted money in her statement recordedu/s.132(4). (iii) Whether on the facts and in thecircumstances of the case the Tribunal was rightin deleting the addition on account of unexplainedjewellery without considering that the wealth taxreturn filed by the assessee's father for theassessment year 2001-02 has no details of goldjewellery, but only stated that there was noliability to wealth tax. (iv) Whether on the facts and in thecircumstances of the case the Tribunal was rightin deleting the addition of Rs.6,00,000/- incomefrom lease of bus operation, when the assessee hasnot maintained any books of accounts for the busoperation. (v) Whether on the facts and in thecircumstances of the case the Tribunal was rightin deleting the addition of Rs.1,02,291/- incomefrom other sources, when the assessee has notmaintained any books of accounts.” 3.Heard Mr.T.R.Senthil Kumar, learned Senior Standing Counselassisted by Ms.K.G.Usharani, learned Junior Standing Counsel forthe appellant and Mr.V.S.Jayakumar, learned counsel for therespondent. 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/- Asst.Registrar (CS III ) /true copy/Sub Asst. Registrar abrTo 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/- Asst.Registrar (CS III ) /true copy/Sub Asst. Registrar abrTo 1.Deputy Commissioner of Income-tax, Central Circle-IV(1), Chennai. 2.The Commissioner of Income-tax (Appeals)-I, 46, Mahatma Gandhi Road, Nungambakkam, Chennai-600 034.3.The Income-tax Appellate Tribunal 'B' Bench, Chennai.+1 cc to Mr.T.R.Senthilkumar Advocate sr72314+1 cc to Mr.V.S.Jayakumar Advocate sr71912 rgn(co)aa21/10/2019