Commissioner Of Income Tax,Central Circle Ii(5), Chennai v. Dr.hakeem S.a.syed Satharpan: Ambps3518G

In the High Court of Judicature at Madras Dated : 28.08.2019 Coram : The Honourable Mr.Justice T.S.SIVAGNANAMandThe Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.757 of 2018 Commissioner of Income Tax,Central Circle II(5), Chennai....Appellant Vs Dr.Hakeem S.A.Syed SatharPAN: AMBPS3518G...Respondent APPEAL under Section 260A of the Income Tax Act, 1961against the order dated 16.03.2018 made in IT(SS).No.94/MDS/2006on the file of the Income Tax Appellate Tribunal, Chennai 'A'Bench for the block period 1997-98 to 2002-2003 (upto21.01.2003) and against the O/o Commissioner of Income Tax(Appeals)II Chennai 34 and made in I.T.A. No. 27/05-06 dated31.03.2006 and against the Assistant Commissioner of Income Tax,Central(5) Chennai 34 and made in P.No. AMBPS3518 for theAssessment year 97-98 to 2002-2003 and the period from01.04.2002 to 23.01.2003 order dated 31.03.2005. For Appellant: Mr.M.Swaminathan, SSC and Ms.V.Pushpa, SC For Respondent: Mr.A.S.Sriraman for Mr.S.Sridhar JUDGMENT (Judgment was delivered by T.S.Sivagnanam,J.) We have heard Mr.M.Swaminathan, learned Senior StandingCounsel, and Ms.V.Pushpa, learned Standing Counsel appearing forthe appellant/revenue and Mr.A.S.Sriraman, learned counsel forMr.S.Sridhar,learnedcounselappearingfortherespondent/assessee. 2.This appeal, filed by the Revenue under Section 260A ofthe Income Tax Act, 1961 is directed against the order16.03.2018 made in IT(SS).No.94/MDS/2006 on the file of the https://hcservices.ecourts.gov.in/hcservices/ Income Tax Appellate Tribunal, Chennai 'A' Bench for the blockperiod 1997-98 to 2002-2003 (upto 21.01.2003). 3.This appeal has been filed by raising the followingsubstantial question of law : “Whether the Tribunal was right in deleting theaddition made on account of suppressed receipts ofRs.2,59,57,634/- in the absence of evidences let inby the assessee to substantiate its claim moreparticularly when the Hon'ble High Court hasremitted the matter to ITAT for reconsideration?" 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 question of law framed is 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. -s/d- Assistant Registrar(CCC) True Copy To 1.The Income Tax Appellate Tribunal, Chennai 'A' Bench. 2.The Commissioner of Income Tax(Appeals)II, Chennai 34. 3.The Assistant Commissioner of Income TaxCentral(5) Chennai 34.+1 CC to Mr.S.Sridhar, Advocate sr 74498+1 Cc to Mr.M.Swaminathan, Advocate sr 74841 RR(CO)SP(25/10/2019) https://hcservices.ecourts.gov.in/hcservices/