Commissioner Of Income Tax,Central Circle Ii,Madurai v. Shri (Late) Kassravi L/R Of Late Kas Sekarno

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.03.2021 CORAM THE HON'BLE MR.JUSTICE M.DURAISWAMYAND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI T.C.A.NOS.302 TO 305 OF 2014 Commissioner of Income Tax,Central Circle II,Madurai.... Appellantin all appeals Vs. Shri (Late) KASSRAVI L/R of Late KAS SEKARNo.9, Nadar Vidyasalai Street,South Gate, Madurai. ... Respondentin all appeals Tax Case Appeals in T.C.A.Nos.302 to 305 of 2014 preferredunder Section 260A of the Income Tax Act, 1961, against theorder of the Income Tax Appellate Tribunal, Madras, “D” Bench,dated 23.09.2013 in I.T.A.Nos.1415/Mds/2012, 1416/Mds/2012,1417/Mds/2012, 1418/Mds/2012, respectively for the AssessmentYears 2000-01, 2002-03, 2004-05, 2005-06 respectively. Against the Order passed by the Commissioner of Income Tax(Appeals)-II, Madurai, dated 30.03.2012 made in ITA.No.25/10-11to 25/10-11. Against the Order passed by Deputy Commissioner of IncomeTax, Central Circle II, Madurai made in PAN.No. dated28.12.2007 for the Assessment year 2000-01, 2002-03, 2004-05 &2005-06 repectively. For Appellant : Mr.T.R.Senthil KumarSenior Standing Counselin all appeals C O M M O N J U D G M E N T (Judgment was delivered by M.DURAISWAMY, J.) We have heard Mr.T.R.Senthil Kumar, learned Senior StandingCounsel for the appellant/Revenue and Mr.M.Kaushik forMr.S.Sridhar, learned counsel for the respondent/assessee. 2.The above appeals, filed by the Revenue under Section 260Aof the Income Tax Act, 1961 (for short, the Act), are directedagainsttheorderdated23.09.2013madeinI.T.A.Nos.1415/Mds/2012, 1416/Mds/2012, 1417/Mds/2012, 1418/Mds/2012, on the file of the Income Tax Appellate Tribunal, Madras,“D” Bench (for brevity, the Tribunal) for the Assessment Years2000-01, 2002-03, 2004-05, 2005-06 respectively. 3.The above appeals were admitted on 22.08.2014 on thefollowing substantial questions of law: “1.Whether on the facts and in the circumstancesof the case, the Income Tax Appellate Tribunal wasright in deleting the penalty levied under Section 271(1)(c)? 2.Whether on the facts and in the circumstances ofthe case, the Income Tax Appellate Tribunal was rightin deleting the penalty u/s.271(1)(c) ignoring thefact tha thte assessee in his original return ofincome as well as in the return of income filedu/s.153-A has not furnished any particulars regardinghis real estate business income and such material factcame to light only during the course of search? 3.Whether on the facts and in the circumstances ofthe case, the Income Tax Appellate Tribunal was rightin deleting the penalty u/s.271(1)(c) when theassessee has failed to disclose his real estatebusiness income in his hands?” 4.The learned Senior Standing Counsel for the appellantsubmits that the above appeals are 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 these cases isless than the threshold limit. 5.In the light of the said submissions, the above Tax CaseAppeals are dismissed as withdrawn on account of the Low TaxEffect. The substantial questions of law framed are left open. https://hcservices.ecourts.gov.in/hcservices/ In the event the tax effect in these cases is above thethreshold limit fixed in the said Circular, liberty isgranted to the Revenue to make a mention to this Court torestore the above appeals to be heard and decided on merits. Nocosts. Sd/- 5.In the light of the said submissions, the above Tax CaseAppeals are dismissed as withdrawn on account of the Low TaxEffect. The substantial questions of law framed are left open. https://hcservices.ecourts.gov.in/hcservices/ In the event the tax effect in these cases is above thethreshold limit fixed in the said Circular, liberty isgranted to the Revenue to make a mention to this Court torestore the above appeals to be heard and decided on merits. Nocosts. Sd/- Assistant Registrar(CS VII)//True Copy// Sub Assistant RegistrarmknTo1.The Income Tax Appellate Tribunal, Madras, “D” Bench.2.The Commissioner of Income Tax,Central Circle II,Madurai.3.The Commissioner of Income Tax (Appeals)-II,Madurai.4.The Deputy Commissioner of Income Tax,Central Circle-II, Madurai.+1cc to Mr.T.R.Senthil Kumar, Advocate, S.R.No.17821T.C.A.Nos.302 to 305 of 2014LN(CO)CS/27/04/2021