Commissioner Of Income Tax,Central Circle Ii, Chennai v. Https://Hcservices.ecourts.gov.in/Hcservices

In the High Court of Judicature at Madras Dated : 18.06.2020 Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice PUSHPA SATHYANARAYANA Tax Case Appeal No.490 of 2014 Commissioner of Income Tax,Central Circle II, Chennai. ...Appellant -vs- Smt. G.Akila,C/o.NSR Balu & Co., CAs,New No.22, Old No.20,Govindu Street, T.Nagar,Chennai-600 034.PAN: AFWPA 6960N...Respondent APPEAL under Section 260A of the Income Tax Act, 1961 againstthe order dated 11.02.2014 made in IT(SS)A.No.13/Mds/2013 on thefile of the Income Tax Appellate Tribunal 'D' Bench, Chennai forthe assessment block period 1991-92 to 2000-01 and part 2001-02and against the order passed by the Commissioner of Income Tax(Appeals)-I, Chennai, Chennai-34 dated 11/03/2013 made in ITANo.8/11-12, 265/2012-13 and against the order passed by theDeputy Commissioner of Income Tax, Central Circle II(I),Chennai-34, made in PAN No. daed 23/10/09 and againstthe order passed by the Commissioner of Income Tax (Appeals)II,Nungambakkam, Chennai-34 dated 30/03/09 made in ITA No.105/05-06and against the order passed by the Deputy Commissioner ofIncome Tax, Central Circle II(I), Chennai-34 dated 29/10/2004made in PA No./GIR.No.702-A for Assessment Year 1991-92 to 2000-01 and part of 2001-02. For Appellant :T.R.Senthil Kumar,Senior Standing Counsel &Ms.K.G.Usha Rani,Standing Counsel For Respondent:Mr.T.Ravi&Mr.C.V.Shyam Sundar Judgment was delivered by T.S.Sivagnanam,J. We have heard Mr.T.R.Senthil Kumar, learned Senior StandingCounsel and Ms.K.G.Usha Rani, learned Standing Counsel appearingfor the appellant-Revenue and Mr.K.Ravi, learned counsel andMr.C.V.Shyam Sundar, learned counsel for the respondent-assessee. 2. This appeal, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 is directed against the order dated11.02.2014 made in IT(SS)A.No.13/Mds/2013 on the file of theIncome Tax Appellate Tribunal 'D' Bench, Chennai for theassessment block period 1991-92 to 2000-01 and part 2001-02. 3. The appeal was admitted on 12.08.2014, on the followingsubstantial questions of law:-“1. Whether on the facts and in thecircumstances of the case, the Income TaxAppellate Tribunal was right in holding that thepenalty order under Section 158 BFA(2) dated23.10.2009 is bad in law.2. Whether on the facts and circumstances ofthe case the Income Tax Appellate Tribunal wasright in holding that the penalty order is timebarred ignoring the fact that the assessee haspreferred an appeal and the Commissioner of IncomeTax (Appeal) has passed the order.” 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 08.8.2019 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(CS-VI) //True copy// Sub Assistant Registrar abr To 1.The Income Tax Appellate Tribunal 'D' Bench, Chennai. 2. The Commissioner of Income Tax, Central Circle -II, Chennai. 3. The Commissioner of Income Tax (Appeals),I, Chennai-34. 4. The Deputy Commissioner of Income Tax, Central Circle-II(I), Chennai-34. Central Circle-II(I), Chennai-34. 5. The Commissioner of Income Tax (Appeals)-II, Nungambakkam, Chennai-34. TCA.No.490 of 2014 CA(CO) GMY(22/10/2020)