Commissioner Of Income Tax,Central Circle,Chennai v. M/S.sengamala Thayar Educational Trust

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 24.08.2021 CORAM : THE HON'BLE MR. JUSTICE T.S. SIVAGNANAMAND THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP T.C.A.Nos.955 to 958 of 2013 Commissioner of Income Tax,Central Circle,Chennai.... Appellant in all appeals Vs. M/s.Sengamala Thayar Educational Trust,No.1, Main Road,Sundarakottai Post,Mannargudi.... Respondent in all appeals Tax Case Appeals in T.C.A.Nos.955 to 958 of 2013 preferredunder Section 260A of the Income Tax Act, 1961, against theorder of the Income Tax Appellate Tribunal, Madras, “C” Bench,dated 04.04.2013 in I.T.A.Nos.1813/Mds/2010, 1814/Mds/2010,1815/Mds/2010 and 1816/Mds/2010, respectively for the AssessmentYears 1999-2000, 2001-02, 2002-03 and 2003-04 respectively, asagainst the order dated 21.06.2010 of the Commissioner of IncomeTax (Appeals) II in ITA No's.108/06-07, 51/04-05, 73/05-06 &127/06-07 respectively, and as against the assessment orderdated 28.03.2006, 30.03.2005, 29.03.2004 & 28.03.2006respectively by the Joint Commissioner of Income Tax, Chennai. For Appellant : Mr.T.R.Senthil KumarSenior Standing Counseland Mrs.K.G.Usha RaniStanding Counselin all appealsFor Respondent : Mr.T.Vasudevanin all appeals C O M M O N J U D G M E N T (Judgment was delivered by T.S. SIVAGNANAM, J.) We have heard Mr.T.R.Senthil Kumar, learned Senior StandingCounsel and Mrs.K.G.Usha Rani, learned Standing Counsel for theappellant/Revenue and Mr.T.Vasudevan, learned counsel for therespondent/assessee. 2.The above appeals, filed by the Revenue under Section 260Aof the Income Tax Act, 1961 (for short, the Act), are directedagainsttheorderdated04.04.2013madeinI.T.A.Nos.1813/Mds/2010, 1814/Mds/2010,1815/Mds/2010 and1816/Mds/2010, on the file of the Income Tax Appellate Tribunal,Madras, “C” Bench (for brevity, the Tribunal) for the AssessmentYears 1999-2000, 2001-02, 2002-03 and 2003-04 respectively. 3.The above appeals were admitted on 13.02.2014 on thefollowing substantial questions of law: “1.Whether on the facts and circumstances of thecase, the Tribunal was right in holding that theapplication seeking for approval u/s.10(23C)(vi) filedbefore 13.07.2006 also have to be disposed off within12 months from the end of the month in which theapplication was filed, while the Income Tax Act andExplanatory Laws (Amendment) Act, 2006 specificallymade the condition applicable to the applicationsfiled on or after 13.07.2006? 2.Whether on the facts and circumstances of thecase, the Tribunal was right in holding that theapproval u/s.10(23C)(vi) is deemed to have beengranted in the case of the assessee when theapplication before DGIT has not been disposed off?” 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.In the event the tax effect in these cases is above thethreshold limit fixed in the said Circular, liberty is https://hcservices.ecourts.gov.in/hcservices/ granted 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 II) //True Copy// mkn Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Madras, “C” Bench. Madras, “C” Bench. 2.The Commissioner of Income Tax, Central Circle, Chennai. Central Circle, Chennai. 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.In the event the tax effect in these cases is above thethreshold limit fixed in the said Circular, liberty is https://hcservices.ecourts.gov.in/hcservices/ granted 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 II) //True Copy// mkn Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Madras, “C” Bench. Madras, “C” Bench. 2.The Commissioner of Income Tax, Central Circle, Chennai. Central Circle, Chennai. 3.The Commissioner of Income Tax Appeals-II, Chennai-34. Chennai-34. 4.The Joint Commissioner of Income Tax, Chennai. Chennai. +1cc to Mr.T.R.Senthil Kumar, Sr.St.Counsel Sr No.42217 T.C.A.Nos.955 to 958 of 2013 SVI(CO)PR (21/09/2021)